univ.of  m.  Library 

V  51  - 

2U(*3 


H-AL&SY,  STyART  &  Go.  I 

RECEIVED 

JAN  19  1920 


j  -  .r  ■ 


The  Colorado  Fuel  and  Iron  Company 


TO 


Central  Trust  Company  of  New  York. 


General 


Dated  February  1,  1893. 


13  13, 

With  Supplemental  Mortgages  Nos.  l,f2,  3,  4,  5  and 
for  the  years  1893  to  1898  inclusive. 

iso* 


(THE  MARGINAL  NOTES  ARE  NOT  IN  THE  ORIGINAL  BUT  ARE 
ADDKD  FOR  CONVENIENCE  OF  REFERENCE.) 


Che  Merchant,  Pub.  Co..  Printers,  Denver,  Golo 


General  Mortgage 


THIS  INDENTURE,  made  this  first  day  of  February,  in  the  Parties, 
year  of  our  Lord  one  thousand  eight  hundred  and  ninety-three, 
•between  The  Colorado  Fuel  and  Iron  Company,  a  corporation  duly 
created,  organized  and  existing  under  and  by  virtue  of  the  laws  of 
the  state  of  Colorado,  and  hereinafter  termed  “the  Company,”  or 
“the  said  Company,”  party  of  the  first  part,  and  The  Central  Trust 
Company  of  New  York,  a  corporation  duly  created,  organized  and 
existing  under  and  by  virtue  of  the  laws  of  the  State  of  New  York, 
and  hereinafter  termed  “the  Trustee,”  or  “the  said  Trustee,”  party 
/  of  the  second  part, 


WITNESSETH: 

That  Whereas,  heretofore  and  on,  to-wit:  the  21st  dav  of  Oc-  Consolidation 

'  of  Coal  and 

Vtober,  1892,  the  properties,  affairs  and  concerns  of  The  Colorado  FueD’°m- 
-  Coal  and  Iron  Company,  hereinafter  termed  “the  Coal  Company”* 
and  The  Colorado  Fuel  Company,  hereinafter  termed  “the  Fuel 
i Company,”  both  being  corporations  organized  under  the  laws  of 
the  State  of  Colorado,  were  consolidated  into  one  organization, 
having  all  the  properties,  rights,  privileges  and  franchises  of  said 

\j 

;  Coal  Company  and  said  Fuel  Company,  and  being  amenable  to  all 

;  their  liabilities  as  appears  by  the  certificate  filed  in  the  office  of 

the  Secretary  of  State  of  the  State  of  Colorado  on  the  21st  day  of 

October,  1892,  setting  forth  the  facts  of  such  consolidation,  and 
v 

9  also  all  other  matters  required  in  original  certificates  of  incor- 
;  poration,  which  said  certificate  was  filed  in  the  offices  of  the 
^  Clerks  and  Recorders  of  the  several  .Counties  in  the  State  of 
^  Colorado  in  which  the  same  by  the  laws  of  said  State  was  re- 


2 


quired  to  be  filed  and  thereby  such  consolidation  was  perfected, 
and  the  said  The  Colorado  Coal  and  Iron  Company  and  The  Colo¬ 
rado  Fuel  Company  became  The  Colorado  Fuel  and  Iron  Com¬ 
pany,  party  hereto  of  the  first  part; 

of  conso{?-n  And  Whereas,  the  Coal  Company  and  the  Fuel  Company  did, 

perty!  pr°  at  or  after  the  time  of  such  consolidation,  and  prior  to  the  date 
hereof,  severally  by  proper  conveyances  and  instruments,  convey 
to  the  said  Company,  party  of  the  first  part,  certain  property, 
real,  personal  and  mixed,  and  all  the  effects,  rights,  powers,  priv¬ 
ileges  and  franchises  of  such  consolidating  corporations  respect¬ 
ively,  which  said  several  conveyances  have  been  duly  recorded  in 
the  offices  of  the  Clerks  and  Recorders  of  the  respective  counties 
iu  said  State  of  Colorado,  where  such  property  and  effects  are 
situated,  and  said  consolidating  companies  did  severally  cause  to 
be  deposited  with  the  Directors  of  the  said  Company  all  the 
transfer  books,  seals,  books  and  papers  of  each  of  the  companies 
so  uniting,  and  the  said  Company  is  now  in  possession  thereof, 
and  of  all  and  singular  the  property  and  effects  in  said  several 
conveyances  mentioned  and  described; 

property^?11  And  Whereas,  the  said  Coal  Company  theretofore  had  made 

the  c.  c.  &  an(j  executed  under  its  corporate  seal,  and  delivered  to  Louis  H. 

Meyer,  as  Trustee,  its  certain  deed  of  trust  bearing  date  the  first 
day  of  February,  1880,  which  was  duly  recorded  in  the  several 
proper  counties  in  the  State  of  Colorado,  in  and  by  which  deed 
of  trust  the  Coal  Company  conveyed  to  said  Meyer,  as  Trustee, 
all  the  certain  real  estate  and  property  in  said  deed  of  trust  par¬ 
ticularly  described,  for  the  purpose  of  securing  the  payment  of  the 
principal  and  interest  of  its  certain  bonds  bearing  even 
date  therewith,  to  be  issued  under  and  pursuant  to  the 
provisions  thereof  to  an  aggregate  amount  not  exceeding 
$3,500,000,  which  said  bonds  were  of  the  denomination 
of  $1,000  each,  and  numbered  consecutively  from  one  (1) 
upwards  to  thirty -five  hundred  (3500),  both  inclusive, 
and  which,  by  their  terms,  were  to  become  due  and  payable  in 


3 


gold  coin,  twenty  years  after  their  said  date,  and  to  bear  interest 
at  the  rate  of  six  per  cent,  per  annum,  payable  in  like  gold  coin 
semi-annually,  on  the  first  days  of  February  and  August  in  each 
year,  and  of  and  under  which  deed  of  trust  Henry  K.  McHarg  is 
now  the  Trustee; 


And  Whereas,  the  Fuel  Company  prior  to  the  said  consol i- propert?o?n 
dation,  and  on,  to-wit:  the  first  day  of  May,  1889,  had  made  and  Fuel  Co. 
executed  under  its  corporate  seal,  and  delivered  to  the  Atlantic 
Trust  Company  of  New  York,  as  Trustee,  its  certain  mortgage  or 
deed  of  trust  dated  on  that  day,  and  on  the  2d  day  of  December, 

1889,  and  on  the  19th  day  of  April,  1890,  and  on  the  23d  day  of 
December,  1890,  respectively,  its  first,  second  and  third  supple¬ 
mentary  mortgages  or  deeds  of  trust,  all  of  which  were  thereafter 
duly  recorded  in  the  offices  of  the  Recorders  of  the  counties  in  the 
State  of  Colorado  in  which  the  property  therein  described  was  sit¬ 
uated,  in  and  by  which  deeds  of  trust  the  said  Fuel  Company  con¬ 
veyed  to  the  said  Atlantic  Trust  Company,  as  Trustee,  all  the 
certain  real  estate  and  property  in  said  deeds  of  trust  described, 
for  the  purpose  of  securing  the  payment  of  the  principal  and  in¬ 
terest  of  its  certain  bonds  (bearing  even  date  with  said  original 
deed  of  trust),  to  be  issued  thereunder  pursuant  to  the  provisions 
thereof  to  an  aggregate  amount  not  exceeding  $1,200,000,  which 
said  bonds  were  of  the  denomination  of  $1,000  each,  and  num¬ 
bered  consecutively  from  one  (1)  upwards  to  twelve  hundred 
(1200),  both  inclusive,  and  which,  by  their  terms,  were  to  become 
due  and  payable  in  gold  coin  on  May  1st,  1919,  and  to  bear  interest 
at  the  rate  of  six  per  cent,  per  annum,  payable  in  like  gold  coin 
semi-annually  on  the  first  days  of  May  and  November  in  each 


And  Whereas,  The  said  Company  has  assumed  the  obliga-  pAo?mort-f 
tions  of  the  Coal  Company  to  pay  the  principal  and  interest  ofsumed. 
such  of  its  bonds  of  the  date  of  February  1,  1880,  as  are  outstand¬ 
ing  and  unpaid; 


4 


Mortgages 
on  property 
of  Denver 
Fuel  Co. 


Sinking 
funds  in 
prior  mort¬ 
gages. 


Objects  of 
this  mort¬ 
gage. 


And,  Whereas,  the  said  Company  has  assumed  the  obliga¬ 
tions  of  the  Fuel  Company  to  pay  the  principal  and  interest  of 
such  of  its  bonds  of  the  date  of  May  1,  1889,  as  are  outstanding 
and  unpaid; 

And  Whereas,  there  exists  an  indebtedness  of  $100,000  prin¬ 
cipal,  with  accrued  interest,  of  The  Denver  Fuel  Company,  a  cor¬ 
poration  organized  and  existing  under  the  laws  of  the  State  of 
Colorado,  all  the  property  of  which  was  prior  to  the  consolida¬ 
tion  aforesaid  purchased  subject  to  said  indebtedness,  and  con¬ 
veyed  to  the  Colorado  Fuel  Company,  which  indebtedness  is  se¬ 
cured  by  two  mortgages  or  trust  deeds,  namely:  one  executed  by 
J.  A.  Kebler,  Trustee,  to  Eva  V.  Downey  and  others,  dated  No¬ 
vember  11,  1889,  and  one  executed  by  The  Denver  Fuel  Company 
to  Charles  H.  Toll,  Trustee,  dated  August  1,  1892,  which  indebted¬ 
ness  has  also  been  assumed  by  said  Company; 

And  Whereas,  the  said  deeds  of  trust  of  the  Coal  Company 
and  of  the  Fuel  Company  hereinbefore  mentioned,  provided, 
among  other  things,  for  the  creation  of  sinking  funds  for  the  re¬ 
demption  and  payment  of  the  bonds  by  said  deeds  of  trust  respect¬ 
ively  secured,  all  of  which  will  more  fully  and  at  large  appear  by 
reference  to  said  trust  deeds ; 

And  Whereas,  the  said  Company,  being  desirous  of  meeting 
all  the  said  obligations  which  have  been  assumed  by  it  as  afore¬ 
said,  and  of  retiring  all  the  bonds  of  the  Coal  Company  and  of  the 
Fuel  Company,  issued  and  outstanding  as  aforesaid,  and  of  pay¬ 
ing  the  said  indebtedness  of  The  Denver  Fuel  Company,  or  ex¬ 
changing  the  same  for  or  redeeming  the  same  with  the  proceeds 
of  bonds  to  be  issued  under  and  secured  by  these  presents,  to  the 
end  that  said  several  trust  deeds  and  the  liens  thereby  created 
may  be  canceled  and  discharged  of  record;  and  also  of  securing 
the  means  to  develop,  work  and  improve  its  property,  to  open, 
mine,  work  and  improve  and  operate  its  coal,  iron  and  other 
mines,  and  to  make  the  necessary  and  convenient  erections  and 


5 


improvements  appertaining  thereto,  and  to  construct,  complete, 
equip,  maintain  and  operate  the  certain  furnaces,  foundries  and 
manufacturing  establishments  in  manner  and  form  as  is  contem¬ 
plated  by  its  said  articles  of  incorporation,  and  to  increase  and  to 
extend  its  business; 


And  Whereas,  the  authority  of  the  stockholders  of  the  said  stockholders 

to  this 

consolidating  companies,  owning  more  than  two-thirds  of  theraortsage. 
capital  stock  of  each  of  them,  and  more  than  three-fourths  of  all 
preferred  stock,  for  the  mortgaging  by  said  company  of  all  its  real 
and  personal  estate,  franchises,  privileges,  rights  and  liberties, 
to  secure  the  payment  of  the  aforesaid  indebtedness  and  the  gen¬ 
eral  mortgage  bonds  issued  hereunder  up  to  the  aggregate  sum  of 
six  million  dollars  ($6,000,000)  by  a  mortgage  or  deed  of  trust 
upon  its  property  and  franchises,  and  conferrring  upon  the  Board 
of  Directors  of  said  Company  the  power  and  authority  to  carry 
the  same  into  effect,  has  been  duly  given  and  entered  of  record 
in  the  minutes  of  both  said  companies,  and  is  also  set  forth  in  the 
articles  of  consolidation  incorporating  said  Company; 


And  Whereas,  at  a  meeting  of  the  Board  of  Directors  of  said  Authoriza- 
Company  thereafter  held,  to-wit:  on  the  22d  day  of  October,  1892, of  DirectMrs- 
at  the  City  of  Denver,  Colorado,  it  was  resolved  that  pursuant  to 
the  authorization  by  the  stockholders  hereinabove  recited,  and 
the  articles  of  incorporation  of  said  Company,  the  proper  officers 
of  this  Company  be,  and  they  are,  authorized  and  directed  to  pre¬ 
pare  such  bonds  and  to  execute  a  mortgage  or  deed  of  trust  as 
aforesaid,  securing  said  last  mentioned  bonds,  the  same  to  be  dis¬ 
posed  of  as  is  hereinafter  provided; 


And  Whereas,  in  pursuance  of  such  authority,  the  proper 
officers  of  said  Company  have  determined  that  said  bonds  shall 
be  in  the  following  form: 


6 


Form  of 
bond. 


UNITED  STATES  OF  AMERICA. 
STATE  OF  COLORADO. 


No.  $1000. 

THE  COLORADO  FUEL  AND  IRON  COMPANY 
(Of  Denver,  Colorado) 

General  Mortgage  Five  Per  Cent.  Sinking  Fund  Gold  Bond. 

Know  All  Men  by  These  Presents,  That  The  Colorado  Fuel 
and  Iron  Company,  a  corporation  duly  organized  under  the  laws 
of  the  State  of  Colorado,  hereby  promises  to  pay  to  the  bearer,  or, 
in  case  this  bond  shall  be  registered  in  accordance  with  the  terms 
of  the  endorsement  hereupon,  then  to  the  registered  owner  here¬ 
of,  at  the  office  or  agency  of  the  said  Company  in  the  City  of  New 
York,  one  thousand  dollars  in  gold  coin  of  the  United  States  of 
the  present  standard  of  weight  and  fineness  on  the  first  day  of 
February,  one  thousand  nine  hundred  and  forty-three,  with  inter¬ 
est  thereon  in  like  gold  coin  at  the  rate  of  five  per  cent,  per  an¬ 
num,  payable  semi-annually  at  the  same  place,  upon  presentation 
and  surrender  of  the  coupons  hereto  annexed,  on  the  first  days  of 
February  and  August  in  each  year  until  the  said  principal  sum 
shall  be  fully  paid.  And  if  any  default  shall  be  made  in  the  pay¬ 
ment  of  the  interest  upon  this  bond,  and  such  default  shall  con¬ 
tinue  for  a  period  of  six  months,  the  whole  amount  of  the  prin¬ 
cipal  sum  of  this  bond  may  thereupon  become  due  and  payable, 
as  provided  for  in  the  mortgage  or  deed  of  trust  hereinafter  men¬ 
tioned. 

This  bond  is  one  of  a  series  of  6,000  bonds,  all  of  like  tenor, 
date  and  amount,  numbered  consecutively  from  1  to  6,000,  both 
inclusive,  all  of  which  are  secured  by  a  certain  mortgage  or  deed 
of  trust  bearing  even  date  herewith,  and  duly  executed  and  de¬ 
livered  by  The  Colorado  Fuel  and  Iron  Company  to  the  Central 
Trust  Company  of  New  York,  as  Trustee,  conveying  and  assigning 


7 


to  said  last-named  company  sundry  lands,  leaseholds,  mining 
rights  and  other  properties,  real  and  personal,  therein  specified 
and  referred  to,  in  trust,  among  other  things,  to  secure  the  pay¬ 
ment  of  the  entire  issue  of  said  bonds,  with  interest,  as  aforesaid. 

The  holder  hereof  is  entitled  to  the  benefit  of,  and  subject  to 
the  obligations  of,  the  sinking  fund  provided  for  in  the  said  mort¬ 
gage;  it  being  understood,  however,  that  no  bonds  can  be  com¬ 
pulsorily  redeemed  by  lot,  as  therein  provided,  at  less  sthan  105 
per  cent,  and  accrued  interest. 

This  bond  shall  not  become  valid  until  the  certificate  en¬ 
dorsed  hereon  shall  have  been  duly  signed  by  the  said  Trustee. 

In  Witness  Whereof,  the  said  The  Colorado  Fuel  and  Iron 
Company  has  caused  these  presents  to  be  sealed  with  its  cor¬ 
porate  seal  and  to  be  signed  by  its  President  or  one  of  its  Vice- 
Presidents  and  Secretary  or  Assistant  Secretary,  this  first  day  of 
February,  one  thousand  eight  hundred  and  ninety-three. 


President. 


Attest : 


Secretary. 


[Registration  Clause.] 

This  bond  may  be  registered  in  the  owner’s  name  on  the  Registra¬ 
tion. 

Company’s  books  in  the  City  of  New  York,  or  at  any  other  place 
which  the  Company  may  determine,  such  registry  being  noted  on 
the  bond  by  the  Company’s  Transfer  Agent,  after  which  no  trans 
fer  shall  be  valid  unless  made  on  the  Company’s  books  by  the 
registered  owner,  and  similarly  noted  on  the  bond,  but  the  same 


8 


Coupon. 


Trustee’s 

certificate. 


may  be  discharged  from  registry  by  being  transferred  to  bearer, 
after  which  it  shall  be  transferable  by  delivery,  but  it  may  be 
again  registered  as  before. 

The  registry  of  the  bond  as  above  shall  not  restrain  the  ne¬ 
gotiability  of  the  coupons  by  delivery  merely,  but  the  coupons  may 
be  surrendered  and  the  interest  made  payable  only  to  the  regis¬ 
tered  owner  of  the  bond,  such  surrender  to  be  certified  thereon, 
as  follows:  This  is  to  certify  that  the  coupons  representing  the 
several  installments  of  interest  to  become  due  on  the  within  bond 
have  been  surrendered  to  The  Colorado  Fuel  and  Iron  Company, 
and  canceled,  and  interest  on  this  bond,  when  hereafter  due,  will 
be  payable  to  the  registered  owner  hereof,  as  certified  hereon,  or 
to  his  order. 

Dated 


Transfer  Agent. 

[Coupon.]  $25. 

The  Colorado  Fuel  and  Iron  Company  will  pay  to  the  bearer, 
at  its  office  or  agency  in  the  City  of  New  York,  twenty-five  dollars, 
in  U.  S.  gold  coin,  on  the  first  day  of 

being  six  months’  interest  on  its  General  Mortgage  Bond,  dated 
February  1st,  1893.  No. 

A.  C.  CASS, 

Treasurer. 


[Trustee’s  Certificate.] 

It  is  hereby  certified  that  this  bond  is  one  of  the  series  of 
bonds  mentioned  in  the  mortgage  or  deed  of  trust  within  re¬ 
ferred  to. 

CENTRAL  TRUST  COMPANY  OF  NEW  YORK, 

Trustee. 


t 


By 


Vice-President. 


9 


And  Whereas,  each  of  said  bonds  has  annexed  to  it  one  hun-  Nwnber of 

COU.JJOI1S# 

died  coupons  representing  the  several  semi-annual  installments  of 


interest  to  become  dne  thereon,  as  hereinbefore  set  forth,  all  of 
which  are  of  similar  tenor  except  as  to  numbers  and  dates  of 
payment,  and  are  each  for  twenty-five  dollars  in  gold  coin  of  the 
United  States; 


And  Whereas,  the  said  Company  being  authorized  by  the  Right  to 

mortgage 

laws  of  the  State  of  Colorado  to  borrow  money  for  the  purposes  property, 
aforesaid,  and,  as  security  therefor,  to  mortgage,  pledge  and  con¬ 
vey  all  and  singular  its  properties  and  effects  hereinafter  de¬ 
scribed  to  secure  the  payment  of  the  same,  and  under  and  pursu¬ 
ant  to  the  authority  conferred  by  said  laws,  and  of  the  stock¬ 
holders  and  directors  aforesaid,  in  order  to  provide  funds  for  the 
purposes  aforesaid,  and  to  secure  the  payment  of  all  and  singular 
the  said  bonds  issued  or  to  be  issued  under  and  pursuant  to  the 
terms  of  this  instrument,  together  with  the  interest  thereon,  has 
determined  to  and  does  make,  execute  and  deliver  this  its  deed 
of  trust  in  manner  and  form  as  herein  stated: 


Now,  Therefore,  This  Indenture  Further  Witnesseth,  that  the  Considera¬ 
tion. 

said  Company,  in  consideration  of  the  premises,  and  of  one  dollar, 
lawful  money  of  the  United  States,  to  it  paid  by  the  said  Trustee 
at  or  before  the  ensealing  or  delivery  of  these  presents,  the  receipt 
whereof  is  hereby  acknowledged,  in  order  to  secure  the  due  and 
punctual  payment  of  the  principal  and  interest  of  the  bonds  to  be 
issued  by  it  as  herein  provided,  and  outstanding  at  any  time  here 
after,  and  the  faithful  performance  of  the  covenants  herein  con¬ 
tained,  hath  granted,  bargained,  sold,  alienated,  transferred,  Conveyance, 
assigned,  conveyed  and  confirmed,  and  by  these  presents  doth 
grant,  bargain,  sell,  alienate,  transfer,  assign,  convey  and  con¬ 
firm  unto  said  Trustee,  and  to  its  successor  or  successors  in  trust 
herein,  all  the  right,  title  and  interest,  claim  and  demand,  what¬ 
soever,  which  the  said  Company  now  has  or  is  entitled  to,  or 
which  it  may  at  any  time  hereafter  acquire  or  become  entitled  to, 


10 


in  and  to  the  following  described  real  estate,  premises  and  prop¬ 
erty,  to- wit: 

All  and  singular  the  several  lots,  tracts,  pieces  and  parcels 
of  mining  and  other  lands  of  the  Company  situated  in  the  State 
of  Colorado,  as  follows,  to-wit: 

Description  IN  FREMONT  COUNTY. 

of  property. 

In  Township  19,  Range  69: 

W.  i  S.E.  i,  S.E.  i  S.W.  i . Section  18. 

W.  i  N.E.  i,  N.E.  i  S.W.  i . Section  19. 

S.W.  i . Section  20. 

N.E.  i,  W.  i  S.E.  i,  E.  i  S.W.  i . Section  30. 

E.  4,  E.  i  N.W.  1,  E.  J  S.W.  i . Section  31. 

W.  \ . Section  32. 

In  Township  20,  Range  69: 

E.  iS.W.  i,  S.E.  i  N.W.  i . Section  30. 

N.-J  N.W.  i . Section  31. 

In  Township  19,  Range  70: 

S.E.  4 . Section  8. 

N.W.  S.E.  J,  S.  4  N.E.  i . Section  9. 

N.W.  i,  W.  i  N.E.  i,  W.  4  S.E.  i . Section  10. 

S.E.  i  N.E.  J,  E.  J  S.E.  i,  S.W.  J  S.E.  J . Section  11. 

S.W.  i,  S.E.  i  S.E.  i . . Section  12. 

N.W.  N.  i  S.W.  i . Section  13. 

E.  J,  E.  i  S.W.  i . Section  14. 

E. . Section  17. 

N.  i  N.E.  i,  N.  4  N.W.  J . Section  21. 

All  of . Section  23. 

N.  i  N.E.  J,  N.  i  N.W.  i . Section  24. 

S.W.  i  N.W.  i,  S.W.  J,  W.  4  S.E.  J . Section  25. 

E.  4,  N.W.  4,  E.  4  S.W.  4,  S.W.  4  S.W.  4 . Section  26. 

N.E.  4 . Section  35. 

N.W.  4,  W.  4  N.E.  4. .  . . Section  36. 

IN  HUERFANO  COUNTY. 


In  Township  29,  Range  65 : 

s.w.  4  s.w.  4 . 


Section  19. 


11 


S.W.  4  S.W.  i . . . Section  28. 

S.E.  i  S.E.  4,  W.  4  S.W.  i . Section  29. 

N.W.  J,  S.E.  i,  and  N.W.  4  S.W.  4;  4  coal  in  E.  4 
S.W.  4  and  in  S.W.  4  S.W.  surface  and  4 

coal  in  S.W.  1  N.E.  4 . Section  30. 

N.E.  i,  E.  i  N.W.  i,  S.W.  i  N.W.  i,  N.W.  4  S.W. 

4;  and  J  coal  in  N.W.  4  N.W.  J . Section  31. 

N.W.  i,  W.  4  N.E.  i,  and  N.E.  4  N.E.  4 . Section  32. 

N.W.  i  N.W.  J . Section  33. 


In  Township  27,  Range  66: 

S.W.  4  N.E.  4,  W.  4  S.E.  4  and  S.  4  S.W.  4 . Section  31. 

In  Township  28,  Range  66: 

N.W.  4  N.E.  4,  W.  4,  W.  4  S.E.  4,  and  surface  only 


in  N.W.  part  S.W.  4  N.E.  4,  20  acres . Section  6. 

S.  4  S.E.  4 . Section  7. 

E.  4,  S.W.  4,  S.  4  N.W.  4 . Section  8. 

N.  4,  S.W.  4,  S.W.  4  S.E.  4 . Section  16. 

E.  4,  S.W.  4,  E.  4  N.W.  4,  S.W.  4  N.W.  4 . Section  17. 

W.  4  N.E.  4,  S.E.  4  S.E.  4 . Section  18. 

E.  4  N.E.  4,  N.W.  4  N.E.  .4,  S.E.  4,  S.E.  4  S.W.  4. .  .Section  19. 
All  of . Section  20. 


N.  4  N.E.  4,  N.  4  N.W.  4;  and  coal  and  mineral  in 
S.W.  4  N.E.  4,  and  in  S.E.  4  N.W.  4,  and  in 

N.W.  4  S.E.  4,  and  in  N.E.  4  S.W.  4 . Section  21. 

S.E.  4  N.W.  4,  S.  4  N.E.  4  and  N.E.  4  N.E.  4 . Section  29. 

N.W.  4  N.E.  4,  N.E.  4  N.W.  4 . Section  30. 

S.W.  4,  and  W.  4  S.E.  4 . Section  34. 


In  Township  29,  Range  66: 

S.  4  N.W.  4,  N.E.  4  S.W.  4,  and  W.  4  S.W.  4 . Section  1. 

N.W.  4  N.E.  4,  N.  4  N.W.  4,  S.W.  4  N.W.  4,  w.  4 
S.E.  4  N.W.  4,  E.  4  S.E.  4  N.E.  4,  E.  4  N.E.  4 
s.e.  4,  w.  4  N.E.  4  S.W.  4,  n.w.  4  sw.  4,  s.  4 

S.W.  4  and  S.  4  S.E.  4 . . Section  2. 

All  of . Section  3. 

All  of . Section  10. 

All  of  (except  surface  of  E.  4  N.E.  4  and  N.  4 

S.E.  4) . Section  11. 

W.  4  and  S.E.  4 . Section  12. 

N.  4?  w.  4  S.  E.  4  and  E.  4  S.W.  4.  . . . . . . . Section  13. 


12 


N.  J,  N.  J  S.W.  :{,  and  S.W.  }  S.W.  J . Section  14. 

E.  N.W.  i,  and  N.E.  ]  S.W.  $ . Section  15. 


N.E.  J,  N.  i  S.E.  J  and  S.E.  -]  S.E.  J . Section  24. 

N.E.  i  S.E.  i,  and  N.E.  1 . Section  25. 

In  Township  27,  Range  67: 

S.J  S.E.  {  and  S.E.  |  S.W.  J . Section  20. 

S.  ^  S.W.  \ . Section  25. 

S.E.  J,  E.  i  S.W.  i . Section  26. 

N.  f . Section  29. 

N.  | . Section  30. 

All  of . Section  35. 

In  Township  28,  Range  67 : 

E.  \  and  N.W.  J . Section  1. 

N.  \ . Section  2. 

NE.  J . Section  3. 

In  Township  27,  Range  68: 

S.E.  i  N.E.  i . Section  25. 


IN  LAS  ANIMAS  COUNTY. 

In  Township  32,  Range  63: 

The  S.E.  |  N.W.  J  (excepting  a  tract  of  land  lying 
in  the  N.W.  Corner  of  said  S.E.  J  N.W.  \  de¬ 
scribed  as  follows,  to-wit:  Commencing  at 
the  N.W.  Corner  of  the  said  S.E.  -]  N.W.  ]  and 
running  thence  south  208  feet;  thence  east  419 
feet;  thence  north  208  feet;  thence  west  419 
feet  to  the  place  of  beginning) . Section  33. 

In  Township  33,  Range  63: 

All  that  part  of  the  E.  |  N.W.  ]  and  the  E.  ^  S.W. 
i  and  the  S.W.  J  S.E.  {  lying  north  and  east 
of  Gray’s  Creek  in . Section  4. 

All  that  part  of  the  N.W.  J  N.E.  J  lying  north  and 

east  of  Gray’s  Creek  in . Section  9. 

Allot* . Section  28. 

All  of . Set;tiop  29. 


13 


W.  4,  S.E.  £,  N.  4  N.E.  and  undivided  one-third 

interest  in  S.  4  N.E.  4 . Section  30. 

All  of . Section  33. 

In  Township  34,  Range  63: 

N.W.  \ . Section  6. 

S.  4  N.E.  i,  N.  4  S.E.  4,  S.  4  N.W.  4,  N.W.  4  N.W. 

4,  N.E.  4  S.W.  4 . Section  7. 


In  Township  31,  Range  64 : 

S.W.  4  N.W.  4 . Section  30. 

Allot . Section  31. 


In  Township  32,  Range  64 : 

S.W.  4,  S.  4  N.E.  4,  N.  4  S.E.  4 . Section  7. 


S.E.  4  S.E.  4 . Section  22. 

S.W.  4  S.W.  4 . Section  23. 

S.W.  4  N.W.  4,  NjW.  4  S.W.  4 . Section  25. 

W.  4,  S.E.  4  N.E.  4,  N.E.  4  S.E.  4 . Section  26. 

e.  4  s.e.  4,  s.w.  4  s.e.  4,  w.  4  s.w.  4,  s.e.  4 

S.W.  4 . Section  27. 

All  of . Section  34. 

W.  4  W.  4 . Section  35. 


In  Township  33,  Range  64: 


w.  4  n.w.  4,  s.e.  4  n.w.  4,  s.w.  4  n.e.  4,  w.  4 

S.E.  4,  E.  4  S.W.  4,  N.  W.  4  S.W.  4 . Section 

N.  4,  S.W.  4,  N.W.  4  S.E.  4 . Section 

E.  4 . Section 

E.  4  N.W.  4,  S.W.  4  N.W.  4,  N.  4  S.W.  4,  S.E.  4 


N.E.  4,  S.  4  of  N.W.  4  of  S.E.  4.  . . 


Section 


W.  4  N.E.  4,  W.  4  N.W.  4,  N.  4  S.W.  4,  N.  4  of  N.E. 

4  of  N.W.  4,  S.  4  of  S.E.  4  of  N.W.  4 . Section 

Part  S.E.  4  S.W.  4  (1.4  acres  fee,  2.6  acres  leased) .  Section 

S.W.  4,  S.W.  4  N.W.  4 . Section 

N.  4  N.E.  4,  S.E.  4  N.E.  4 . Section 

S.E.  4 . Section 

S.  4 . Section 


S.  4,  N.E.  4,  S.E.  4  N.W.  4,  and  N.E.  4  N.W.  4  (ex¬ 
cept  Town  of  Sopris,  30  acres) . Section 

S.W.  4,  W.  4  S.E.  4  and  S.E.  4  S.E.  4 . Section 


3. 

4. 

10. 

11. 

28. 

20. 

30. 

31. 

32. 

33. 

34. 


14 


In  Township  34,  Range  64: 


N.  i  N.E.  4,  S.W.  1  N.E.  J,  E.  4  N.W.  J,  S.W.  4 

N.W.  S.W.  J,  W.  J  S.E.  4~ . Section  1. 


S.W.  i . Section  2. 

All  of . Section  3. 

All  of . Section  4. 

All  of . Section  5. 


N.  i  N.E.  i. 
N.  |  N.  J... 
N.  4  N.E.  i. 
N.  4  N.  4. . . 
N.  4  N.W.  J 


.  Section  6. 
.  Section  7. 
.Section  8. 
.Section  9. 
.Section  10. 
.Section  11. 


In  Township  31,  Range  65: 


W.  4  N.W.  4,  S.E.  4  N.W.  4  and  S.W.  4  N.E.  4 . Section  8. 

W.  4  S.W.  4;  and  Und.  4  of  S.E.  4  N.W.  j  and  of 


N.E.  4  S.W.  4 . 

S.» . . 

E.  4  E.  4 . 

N.  4  N.E.  4,  N.W.  4,  and  W.  4  S.W.  4. 

S.  4N.  E.  4,  N.W.  4,  and  S.  4 . 

All  of . 


.Section  14 
.Section  15 
.Section  21 
.Section  22 
.Section  25 
.Section  26 


N.E.  4  N.E.  4  and  W.  4  N.E.  4 . . . Section  27 

N.  4 . Section  35 


In  Township  32,  Range  65: 


w.  4  s.w.  4,  n.e.  4,  e.  4  N.w.  4,  s.w.  4  n.w.  4, 

N.E.  i  S.W.  4 . . . Section  1. 

S.E.  4  N.E.  4,  E.  4  S.E.  4 . Section  2. 

N.E.  4  N.E.  4 . . .  ~ . Section  11. 


IN  PUEBLO  COUNTY. 

The  undivided  one-half  of  Lots  1  to  7,  both  inclusive,  in  Block 
X  in  the  former  Town  of  South  Pueblo,  now  a  part  of  the  consoli¬ 
dated  City  of  Pueblo. 

The  E.  4  N.E.  4  and  E.  4  S.E.  4  of  Section  12,  Township  21,  S. 
R.  65  W.,  except  a  strip  of  land  oft*  of  the  north  end  of  the  E.  4  of 
N.E.  4  heretofore  deeded  to  the  Collier  Investment  Company. 


15 


Also  the  N.E.  £  of  Section  11  and  the  N.  £  S.W.  £,  of  Section 
12,  Township  22,  S.  R.  65  W. 

Also  the  following  described  irregular  tracts  of  land  hereto¬ 
fore  conveyed  by  The  Colorado  Coal  and  Iron  Company  to  The 
Colorado  Fuel  and  Iron  Company,  by  a  certain  deed  dated  on  the 
21st  day  of  October,  1892,  said  tracts  being  more  particularly  de¬ 
scribed  and  reserved  to  The  Colorado  Fuel  and  Iron  Company  in 
a  certain  deed  executed  by  it  on  the  22nd  day  of  October,  1892,  to 
The  Colorado  Coal  and  Iron  Development  Company: 

All  that  part  or  parcel  of  land  lying  within  what  is  known 
as  the  Lake  Boulevard,  containing  186.6  acres,  more  or  less. 

Also  part  of  the  S.  £  of  Lot  2,  Section  6,  and  part  of  Section 
7,  in  Township  21  South,  Range  64  West,  containing  28.13  acres. 

Also  a  strip  of  land  off  the  west  side  of  Section  7,  in  Town¬ 
ship  21  South,  Range  64  West,  containing  17  acres,  more  or  less. 

Also  part  of  the  E.  £  S.E.  £,  and  of  the  S.E.  £  N.E.  £,  of  Sec¬ 
tion  34,  and  part  of  the  N.W.  £  and  of  the  N.  £  S.W.  £  and 
of  the  S.W.  £  S.W.  £,  Section  35,  all  in  Township  21  South,  Range 
65  West,  containing  163.5  acres. 

Also  part  of  the  S.W.  £  S.W.  £  of  Section  15,  Township  22 
South,  Range  65  West. 

Also  the  following  described  irregular  tract  of  land  which  is 
more  particularly  described  in  a  certain  deed  executed  on  the  21st 
day  of  October,  1892,  by  The  Colorado  Coal  and  Iron  Company, 
conveying  the  same  to  The  Colorado  Fuel  and  Iron  Company,  to 
which  reference  is  hereby  made,  to-wit : 

A  tract  of  land  situated  in  the  N.E.  £  of  Section  12,  Township 
21  South,  Range  65  West,  and  being  east  of  the  Steel  Works  Ad¬ 
dition,  containing  3.98  acres,  more  or  less. 

Also  all  rights  of  way,  easements  and  privileges  of  every 
kind  and  nature  conveyed  or  intended  to  be  conveyed  by  the 
aforesaid  deed  executed  on  the  21st  day  of  October,  1892,  by  The 


16 


Colorado  Coal  and  Iron  Company,  conveying  the  same  to  The 
Colorado  Fuel  and  Iron  Company,  to  which  reference  is  hereby 
made. 

Also  the  following  described  irregular  tract  of  land,  which  is 
more  particularly  described  in  a  certain  deed  executed  January 
31,  1893,  by  The  Colorado  Coal  and  Iron  Development  Company, 
conveying  the  same  to  The  Colorado  Fuel  and  Iron  Company, 
said  land  being  designated  as  Slag  Dump  No.  3,  and  lying  in  the 
S.E.  i  of  the  S.W.  {-  of  Section  6,  Township  21  South,  Range  64 
West,  containing  4.68  acres. 


IN  PITKIN  COUNTY. 


In  Township  8,  Range  89: 

S.E.  1,  and  that  part  south  of  Thompson  Creek  in 

S.E.  1  N.W.  i  and  in  S.  i  N.E.  J . Section  34. 

S.W.  1,  and  that  part  south  of  Thompson  Creek  in 

S.W.  i  of  N.W.  1 . Section  35. 


In  Township  9,  Range  89: 

W.  i . 

. 

N.E.  i . 

N.W.  i . 


Section  2. 
Section  3. 
Section  10. 
Section  11. 


IN  GUNNISON  COUNTY. 


In  Township  13,  Range  86: 
S.W.  1 . 


Section  34. 


In  Township  14,  Range  86: 


S.W.  1  S.W.  1 
S.E.  i  S.E.  i. . 
S.E.  i . 


Section  2. 
Section  3. 
Section  4. 


S.W.  i,  N.W.  i  S.E.  i,  E.  i  N.E.  1,  also  undivided 
one-half  interest  in  S.  ^  S.E.  £  and  in  N.E.  J 
S.E.  | . Section  10. 


17 


S.W.  £  N.W.  1,  N.W.  1  S.W.  £,  also  undivided  one- 

half  interest  in  S.W.  £  S.W  .£ . Section  11. 

N.  £  N.W.  £ . Section  15. 

In  Township  14,  Range  87 : 

S.  4  S.W.  £ . Section  10. 

N.W.  J . Section  15. 

All  of . Section  10. 

E.  4 . . Section  17. 

N.  £  N.E.  £  and  N.E.  £  N.W.  £ . Section  20. 

IN  PITKIN  AND  GUNNISON  COUNTIES. 

[The  line  between  said  Counties  runs  on  the  apex  of  tie* 
Huntsman’s  Hills  and  intersects  some  of  the  lands  diagonally,  and 
is  not  definitely  located.] 

In  Township  0,  Range  89: 

S.  £ . Section  31 

W.  £  S.W.  £ . Section  32. 

In  Township  10,  Range  89: 

S.E.  1  N.E.  1,  E.  £  S.E.  1,  and  N.W.  £  S.E.  £ . Section  4. 

N.W.  £  N.W.  £,  and  S.W.  1  S.W.  £ . Section  5. 

E.  f,  and  W.  £  N.W.  £ . Section  0. 

E.  £ . Section  7. 

W.  £,  and  W.  4  S.E.  £ , . Section  8. 

W.  £  N.E.  a  s.E.  £,  N.W.  a  e.  £  S.W.  £  and  N.W. 

£  S.W.  £ . Section  17. 

E.  A  and  E.  £  N.W.  £ . Section  18. 

N.E.  £ . Section  19. 

N.E.  £  N.E.  £ . Section  20. 

S.E.  £  S.W.  £,  e.  £  S.E.  £  and  S.W.  £  S.E.  £ . Section  22. 

S.  £  S.W.  £,  N.E.  £  S.W.  £,  s.  £  N.E.  £,  N.  £  S.E.  £, 

and  S.E.  £  S.E.  £ . ’ . Section  23. 

W.  £  S.W.  £ . Section  24. 

W.  £  N.W.  £ . Section  25. 

IN  GARFIELD  COUNTY. 


In  Township  5,  Range  90: 

Part  of  S.E.  £  S.E.  £  lying  S.  of  Grand  River . Section  33. 


18 


Part  of  N.W.  \  S.W.  4  lying  S.  of  Grand  River,  S. 

4  S.W.  4,  N.E.  J  S.W.  i,  W.  i  S.E.  J,  and  N.E. 

1  S.E.  4 . Section  34. 

W.  4  S.W.  4 . Section  35. 


In  Township  6,  Range  90: 


N.W.  i  N.W.  i,  S.  J  S.W.  4 . Section  5. 

N.E.  4,  E.  4  N.W.  4,  S.W.  4  N.W.  4,  and  S.  4 . Section  6. 

N.  4  N.  4,  and  S.  4  N.E.  4 . Section  7. 

N.  4,  N.E.  4  S.W.  4,  and  N.  4  S.E.  4 . Section  8. 

S.  4  N.W.  4,  and  S.W.  4 . Section  9. 

S.AV.  4,  also  all  that  part  of  the  S.E.  4  south  and 
west  of  the  Driscoll  Vein,  as  more  particularly 
described  in  a  certain  deed  from  Harris  D. 

Colt  to  Edward  J.  Berwind,  recorded  in  Book 
25,  Page  109,  in  the  records  of  Garfield  County, 

Colorado . Section  14. 

N.W.  4 . Section  15. 


N.  4  N.E.  4  and  N.E.  4  N.W.  4 . Section  10. 

N.E.  4,  E.  4  N.W.  4 . Section  23. 

N.  4 . Section  24. 


In  Township  5,  Range  92: 

S.  4?  S.  4  N.W.  4,  and  W.  part  (24.355  acres)  of 

S.W.  4  N.E.  4 . Section  24. 

N.W.  4  N.E.  4,  and  the  N.  4  N.AV.  4 . Section  25. 

N.E.  4  N.E.  4 . . . Section  20. 


IN  MESA  COUNTY. 

In  Township  10,  Range  98: 

S.W.  4  S.E.  4 . Section  27. 

N.E.  4,  S.E.  4  S.E.  4,  W.  4  S.E.  4  and  S.  4  S.W.  4.  .Section  33. 
N.W.  4  N.E.  4 . Section  34 

In  Township  11,  Range  98: 

Lots  1  to  8,  12  and  13 . 

Lots  7  and  8 . 


Section  3. 
Section  4. 


19 


IN  WELD  COUNTY. 
In  Township  1,  Range  68: 


W.  i  S.W.  J . Section  19. 

W.  f,  (less  right  of  way,  30  acres  surface) . Section  30. 

W.  i  W.  \ . Section  31. 


Also  the  following  described  mineral  properties  in  the  State 
of  Colorado: 


In  the  Unnamed  Mining  District  in  Chaffee  County. 


The  Smith ville  Lode; 

The  Smith  ville  Number  Two  Lode; 
The  Hecla  Lode; 

The  Hecla  Number  Two  Lode; 

The  Calumet  Lode; 

The  Calumet  Number  Two  Lode; 

Being  the  Calumet 


The  San  Pablo  Placer; 
The  Smitliville  Placer; 
The  Hecla  Placer ; 
The  Montana  Placer; 
The  Calumet  Placer; 
The  Moqui  Placer; 

ron  Property. 


In  the  Tin  Cup  Mining  District  in  Gunnison  County. 

Iron  Ore  Lode;  .  Iron  Ore  Number  Two  Lode. 

In  the  Hall  Valley  Mining  District  in  Park  County. 

The  Titania  Placer. 


In  the  Blake  Mining  District  in  Saguache  County. 


The  Grand  Tower  Lode; 
The  Vivia  B.  Lode; 

The  Poor  Man  Lode; 

The  D.  N.  Jones  Lode; 


The  Grand  View  Lode; 
The  McClelland  Lode; 
The  Enterprise  Lode; 
The  Runaway  Lode ; 


The  Prospector  Lode; 
The  Flag  Lode; 


20 


The  Beehive  Lode; 
The  Security  Placer; 


Being  the  Hot  Springs  Iron  Property. 

IN  FREMONT  COUNTY. 

In  Township  20  S.,  R.  72  W.  6th  P.  M. : 

S.W.  i  N.W.  i  and  N.W.  4  S. W.  4 . Section  2. 

N.W.  4,  W.  i  N.E.  4,  S.E.  i  N.E.  4,  N.  4  S.W.  4, 


S.W.  i  S.W.  4,  N.  4  S.E.  i,  S.W.  4  S.E.  4 . Section  3. 

N.E.  i,  N.  i  S.E.  i,  S.E.  i  S.E.  4 . Section  4. 

N.E.  i  N.E.  i . Section  9. 

N.  4  N.W.  i,  N.W.  i  N.E.  i . Section  10. 


Being  the  Grape  Creek  Iron  Property. 

All  said  mining  property  being  more  particularly  described  iu 
the  Receiver’s  Receipts  and  Patents  issued  therefor. 

Also  all  the  following  described  lands  and  premises  and  all 
the  mines  and  minerals  thereon  or  therein,  and  rights  to  mine  the 
same,  being  the  property  purchased  by  said  Company  of  The 
Grand  River  Coal  and  Coke  Company,  a  corporation  organized 
and  existing  under  the  laws  of  the  State  of  New  York,  to-wit: 

IN  MESA  COUNTY. 

Tn  Township  10,  Range  98: 

E.  i  E.  i  and  N.W.  i  S.E.  ] . Section  22. 

W.  J  N.W.  i  and  N.W.  J  S.W.  i . Section  23. 

IN  GARFIELD  COUNTY. 


In  Township  7,  Range  89: 

E.  4  E.  4 . Section  8. 

W.  4  N.W.  4,  E.  4  S.W.  4  and  N.W.  4  S.W.  4 . Section  16. 

E.  4  N.W.  4,  W.  4  S.E.  4  and  N.E.  4  S.W.  4 . Section  21. 

E.  4  E.  4  and  N.W.  4  N.E.  4 . Section  28. 

E.  4  E.  4  and  W.  4  S.E.  4 . Section  33. 

W.  4  W.  4 . Section  34. 


21 


In  Township  5,  Range  90: 

S.  ■£  S.  •£ . Section  31. 

18  acres  in  W.  i  of  S.W.  ±  N.W.  i . Section  31. 

In  Township  5,  Range  91: 

S.  \  S.E.  i  and  S.W.  i . Section  20. 

S.E.  i,  W.  i,  and  S.  £  N.E.  ± . Section  27. 

E.  J . Section  28. 

N.  i  N.E.  i . Section  34. 

N.  i  and  N.  i  S.E.  \ . Section  35. 

N.  i,  S.W.  i,  N.  i  S.E.  J  and  S.W.  J  S.E.  ±.  . . Section  36. 

S.  i  N.W.  i  and  N.  J  S.W.  i . Section  19. 

In  Township  6,  Range  91: 

E.  i  N.E.  i  and  N.E.  J  S.E.  J . Section  2. 

In  Township  5,  Range  92: 

N.  -J  N.  -J  and  E.  Part  (15.645  acres)  of  S.W.  £  N.E. 

i,  and  all  of  S.E.  ±  N.E.  J . Section  24. 

IN  PITKIN  COUNTY. 

In  Township  11,  Range  88: 

Lots  2,  3,  4,  5,  6,  7,  9,  10  and  11,  in . Section  6. 

In  Township  9,  Range  89: 

S.E.  I  S.W.  \ . . Section  27. 

S.W.  i  S.W.  \ . Section  28. 

W.  i  N.W.  i,  S.E.  i  N.W.  i  and  S.  J  N.E.  ± . Section  33. 

S.W.  i  N.W.  i,  E.  J  N.W.  i,  N.E.  £  S.W.  J,  S.  £ 

N.E.  £,  W.  i  S.E.  i,  and  S.E.  £  S.E.  £ . Section  34. 

S.  i  N.W.  i  and  E.  J  S.W.  J . Section  35. 

In  Township  10,  Range  89: 

Lots  3  and  4  and  S.W.  £  N.W.  £ . Section  2. 

Lots  1  and  2  in . Section  3. 

E.  \  S.E.  £ . Section  25. 

N.W.  £  N.E.  £,  E.  \  E.  J,  and  S.W.  £  S.E. £ . Section  36. 


22 


IN  PITKIN  AND  GARFIELD  COUNTIES. 

(County  line  not  definitely  located.) 

In  Township  8,  Range  89: 

W.  $  N.W.  i,  S.E.  i  N.W.  i,  W.  i  S.E.  £,  E.  4  S.W. 

i  and  S.W.  J  S.W.  | . Section  1. 

E.  4  N.E.  I . Section  4. 

E.  J  N.W.  4,  W.  i  N.E.  i,  S.E.  i,  E.  J  S.W.  i  and 

S.W.  i  S.W.  J . Section  10. 

\\  .  4  S.W.  i . Section  11. 

M  J  N.E.  N.  ^  N.W.  J,  and  S.E.  \ . Section  15. 

N.E.  J  N.E.  \ . Section  16. 

E.  . Section  22. 

S.  N.W.  \  and  N.  S.W.  J . Section  23. 

W.  |  W.  | . Section  26. 

E.  -J . Section  27. 

Part  of  E.  ^  N.W.  4  and  of  N.E.  4  lying  N.  of  N. 

Thompson  Creek . Section  34. 

Part  of  W.  J  N.W.  |  lying  N.  of  N.  Thompson 

Creek . Section  35. 


Also  all  lands  and  premises  at  or  near  Cardiff  Station  on  the 
line  of  the  Colorado  Midland  Railway,  in  Garfield  County,  Colo¬ 
rado,  held  or  to  be  held  under  lease  from  the  Colorado  Midland 
Railway  Company,  for  coke  ovens,  store  house,  powder  house, 
etc.;  together  with  all  the  property,  rights  and  franchises  there¬ 
unto  in  anywise  appertaining,  and  remainders,  reversions,  in¬ 
comes,  rents,  issues  and  profits  thereof,  acquired  under  and  by 
virtue  of  the  purchase  aforesaid; 

(§cabjeet,  ^owevep,  As  to  the  lands  and  property  so  purchased 
of  said  The  Grand  River  Coal  and  Coke  Company,  to  the  lien  of  a 
certain  deed  of  trust  of  date  April  1,  1889,  executed  by  The  Grand 
River  Coal  and  Coke  Company  to  the  Central  Trust  Company  of 
New  York,  as  Trustee,  to  secure  the  bonds  of  said  The  Grand 
River  Coal  and  Coke  Company. 


IN  CARBON  COUNTY,  WYOMING. 


In  Township  21,  Range  79: 

All  of . Section  7. 

All  of . Section  17. 

All  of . Section  19. 

All  of . Section  29. 

All  of . Section  31. 

In  Township  20,  Range  80: 

All  of . Section  1. 

In  Township  21,  Range  80: 

All  of . Section  13. 

All  of . Section  21. 

All  of . Section  23. 

All  of . Section  25. 

All  of . Section  27. 

All  of . Section  33. 

All  of . Section  35. 


l>®qethep  with  the  appurtenances,  mines  and  mining  rights  Appurte- 
thereunto  belonging  or  in  anywise  appertaining ;  all  houses,  build¬ 
ings,  structures  and  fixtures  erected,  or  to  be  erected  upon,  and  in 
any  way  connected  with  any  of  the  aforementioned  lands  and 
real  estate;  including  all  iron,  coal  and  other  mines;  and  mining 
property,  machinery  and  fixtures;  all  the  coke  ovens,  furnaces, 
foundries,  mills  machine  shops,  steel  plants  and  manufactories  of 
every  kind,  name  and  nature,  whether  the  same  are  now  con¬ 
structed,  in  operation,  or  shall  be  hereafter  constructed  or  oper¬ 
ated  upon  said  premises,  or  any  part  thereof,  including  all  stock 
in  trade,  tools,  equipment,  machinery,  material,  and  property  of 
whatever  kind  or  nature,  whether  affixed  to  the  freehold  or 
movable,  and  owned  by  the  said  company  at  the  time  of  the 
execution  of  these  presents,  or  at  any  time  hereafter,  appurtenant 
to  any  such  properties,  together,  also,  with  all  the  property,  rights, 
title  and  interest  which  the  said  Company  now  has  in  and  to  the 
conduit  pipes,  pumps  and  machinery  used  for  carrying  and  con- 


24 


veying  water  for  manufacturing  purposes,  or  to  its  factories, 
whether  the  same  be  on  the  lands  aforesaid  or  on  other  lands, 
and  all  titles,  rights  and  easements  connected  therewith,  together 
with  all  renewals,  replacements,  repairs,  additions,  betterments, 
developments,  and  improvements  now  made,  or  which  shall  at 
any  time  hereafter  be  made  upon  or  to  any  of  the  said  trust  prop¬ 
erties,  together  with  all  franchises  of  the  said  Company  of  every 
nature  relating  thereto,  including  all  its  mills,  water-powers, 
ditches,  canals,  and  the  reversion  and  reversions,  remainder  and 
remainders,  revenues,  incomes,  rents,  issues  and  profits  thereof, 
and  all  the  estate,  right,  title  and  interest,  property,  possesssion, 
claim  and  demand  whatsoever,  as  well  in  law  as  in  equity,  present 
and  future,  of  the  said  Company  of,  in  and  to  all  and  singular  the 
property  and  effects  hereinbefore  described,  and  every  part  of  the 
same,  and  every  parcel  thereof,  with  the  appurtenances;  also,  all 
revenues,  benefits,  advantages  and  profits  to  the  said  Company  at 
any  time  accruing  from  or  out  of  the  same,  or  the  business  and 
operations  thereof  and  connected  with  said  properties. 

Habendum.  1>©  ^Qx\J^  cupd  to  ^©ld  the  said  properties,  the  same  being 
herein  designated  as  the  “trust  properties;”  subject,  however,  as 
to  so  much  of  said  trust  properties  as  is  embraced  in  the  trust 
deeds  executed  by  the  said  Coal  Company  and  said  Fuel  Company, 
and  those  executed  upon  the  lands  of  The  Denver  Fuel  Company, 
respectively,  as  aforesaid,  to  the  liens  thereof,  respectively,  and 
subject  also  to  all  valid  and  existing  railroad  and  ditch  rights  of 
way,  and  other  lawful  public  easements,  unto  the  said  Trustee, 
its  successor  or  successors,  to  its  and  their  only  proper  use,  ben¬ 
efit  and  behoof  forever; 

Trust  estate.  In  i>pu§t,  nevepthele§§,  for  the  equal  pro  rata  benefit  and 
security  of  all  persons  and  parties,  corporate  bodies  and  partner¬ 
ship  firms  who  may  hold  any  of  the  bonds  issued  hereunder,  in 
conformity  with  the  provisions  herein  contained,  and  at  any  time 
hereafter  outstanding,  without  any  discrimination,  preference  or 
priority  of  any  one  bond  over  another  by  reason  of  priority  in  time 


25 


of  its  actual  issue  or  negotiation,  or  otherwise,  with  all  the  powers 
and  upon  the  terms  and  conditions,  and  upon  the  trusts  and  for 
the  purposes  hereinafter  reserved,  created,  declared,  expressed 
and  contained,  as  follows: 


Article  First — The  said  f 6, 000, 000  of  bonds,  in  the  form  Disposition 

of  general 

hereinbefore  specified  to  be  issued  and  intended  to  be  secured  by 
these  presents,  and  hereinafter  designated  as  “general  mortgage 
bonds,”  shall  be  disposed  of  in  the  following  manner: 

I.  Twelve  Hundred  bonds,  being  those  numbered  from  one  1,200  deliv¬ 

ered  to 

to  twelve  hundred,  both  inclusive,  shall  be  forthwith  certified  bymort«a^or- 
said  Trustee  and  delivered  to  the  President  of  said  Company,  to 
be  by  it  sold  and  the  proceeds  used  as  its  Board  of  Directors 
shall  deem  proper  in  the  transaction  of  its  business  as  aforesaid. 

II.  The  remaining  Fortv-Eiglit  Hundred  bonds,  being  those 4, 8(0 re¬ 

tained  by 

numbered  from  twelve  hundred  and  one  to  six  thousand,  both  in  Trustee, 
elusive,  or  out  of  the  proceeds  thereof,  a  sum  not  exceeding 
|4,800,000,  shall  be  reserved  and  deposited  with  said  Trustee  for 
the  protection  of  the  purchasers  of  bonds  issued  hereunder  and 
for  the  purpose  of  enabling  said  Company  to  withdraw  by  ex¬ 
change  or  pay  the  bonds  heretofore  issued  by  the  Coal  Company, 
and  those  heretofore  issued  by  the  Fuel  Company,  and  the  said 
secured  indebtedness  of  The  Denver  Fuel  Company,  amounting 
in  the  aggregate  to  $4,800,000  (exclusive  of  interest  or  deduction 
on  account  of  payments  to  sinking  funds  heretofore  made),  as 
hereinafter  provided,  which  bonds  and  indebtedness  are  herein 
after  designated  and  referred  to  as  “prior  bonds,”  secured  by  the 
several  deeds  of  trust  hereinbefore  in  that  regard  respectively 
referred  to. 


III.  No  interest  shall  be  or  become  payable  upon  any  of 
the  said  forty-eight  hundred  general  mortgage  bonds  as  long  as 
they  shall  remain  in  the  possession  of  the  trustee,  unissued,  and 
when  they  shall  have  been  authenticated  by  the  certificate  of  the 
trustee,  and  when  and  as  they  shall  be  issued,  and  delivered  to 


26 


Surrender  of 
bonds  by 
Trustee  upon 
cancellation 
of  prior 
bonds. 


Surrender  of 
bonds  for 
gold  at  par. 


Trustee  may 
invest 
money  on 
call. 


Bonds 
issued  on 
account  of 
Fuel  Co. 
sinking 
fund. 


owners  or  holders,  all  coupons  thereon  which  shall  have  matured 
prior  to  the  date  of  such  issue  and  delivery  shall  be  detached  and 
canceled. 

Article  Second— I.  Whenever  the  said  Company  shall  de¬ 
liver  and  hand  over  to  the  said  Trustee  prior  bonds  of  any  or 
either  of  the  issues  aforesaid,  the  said  Trustee  shall,  on  receiving 
the  same,  deliver  to  said  Company  (or  to  such  person  or  persons  as 
may  be  designated  by  resolution  of  the  Board  of  Directors  of  the 
Company)  general  mortgage  bonds  in  its  hands,  duly  authenti¬ 
cated  by  its  certificate,  to  an  amount  equal  to  the  amount  of  prin¬ 
cipal  of  such  prior  bonds  delivered  to  it  by  or  for  the  Company,  or 
the  said  Trustee  may  from  time  to  time  countersign,  issue  and  de¬ 
liver  to  said  Company  such  of  said  general  mortgage  bonds  as 
may  be  in  its  hands  at  the  time,  either  all  at  one  time,  or  from 
time  to  time,  in  such  amounts  as  may  be  required  by  the  Com¬ 
pany  on  receiving  the  par  value  thereof  in  gold  coin  of  or  equal  to 
the  standard  in  such  prior  bonds  mentioned,  the  sums  so  received 
by  said  Trustee  to  be  returned  to  said  Company  on  the  presenta¬ 
tion  by  it  to  said  Trustee  of  prior  bonds,  dollar  for  dollar,  if  the 
same  be  so  presented  before  or  at  the  maturity  of  said  prior 
bonds:  provided,  that  the  Trustee  may  loan  out  such  moneys  with 
the  consent  of  the  Company,  on  call,  at  such  rate  of  interest  as  it 
may  deem  advantageous,  on  such  security  as  it  may  deem  suf¬ 
ficient,  or  on  prior  bonds  aforesaid,  or  on  bonds  secured  hereby 
and  issued  hereunder,  at  market  value,  not  above  par. 

II.  Whenever  the  said  Company  shall  deliver  to  said  Trustee 
a  certificate  executed  by  tin*  Trustee  of  and  under  the  Fuel  Com¬ 
pany  mortgage  hereinbefore  referred  to,  to  the  effect  that  certain 
of  the  bonds  secured  thereby  have  been  canceled  in  accordance 
with  the  sinking  fund  provisions  of  the  mortgage  or  deed  of  trust 
securing  the  same,  which  certificate  shall  specify  the  date  of  can¬ 
cellation  and  the  numbers  of  the  bonds  so  canceled,  the  Trustee 
hereunder  shall,  on  receiving  the  same  from  time  to  time,  deliver 
to  said  Company  general  mortgage  bonds  in  its  hands,  duly  au- 


27 


thenticated  by  its  certificate,  to  an  amount  equal  to  the  amount  of 
principal  of  such  prior  bonds  so  shown  to  have  been  canceled. 

III.  Whenever  the  said  Companv  shall  deliver  to  the  said  Bonds  issued 

on  account 

Trustee  a  certificate  executed  by  the  Trustee  of  the  Coal  Com- Co- 
pany  mortgage  hereinbefore  referred  to,  to  the  effect  that  certain  un 
moneys  have  been  paid  into  its  hands  or  collected  by  it  for  the 
purposes  of  and  in  accordance  with  the  sinking-fund  provisions  of 
the  mortgage  or  deed  of  trust  securing  the  same,  which  certificate 
shall  in  the  first  instance  specify  the  amount  of  such  moneys  so 
received  by  the  said  last-mentioned  Trustee  up  to  and  including 
the  date  of  such  certificate,  and  each  and  any  subsequent  certifi¬ 
cate  specifying  the  amount  of  such  moneys  so  received,  and  the 
date  on  which  they  were  received,  the  Trustee  shall,  from  time  to 
time,  on  presentation  of  such  certificate  or  certificates,  in  amounts 
of  one  thousand  dollars  or  multiples  thereof,  deliver  to  said  Com¬ 
pany  (or  to  such  person  or  persons  as  may  be  designated  in  an 
order  of  the  said  Company)  general  mortgage  bonds  in  its  hands, 
authenticated  by  its  certificate,  to  an  amount  equal  to  the  amount 
in  said  certificates  named;  provided  that  nothing  herein  contained 
shall  authorize  the  Trustee  to  deliver  general  mortgage  bonds  in 
exchange  for  any  bonds  which  may  have  been  purchased  by  the 
Trustee  of  and  under  said  Coal  Company  mortgage  for  the  ben¬ 
efit  of  the  sinking  fund  under  said  mortgage,  and  which  may  be 
still  held  by  said  Trustee. 

IV.  Whenever  said  Company  shall  have  paid  the  one  hun  Bonds  issued 

on  payment 

dred  thousand  dollar  indebtedness  of  The  Denver  Fuel  Company, 
and  shall  deliver  to  the  Trustee  certified  copies  of  the  records  0fednes8, 
the  proper  counties  showing  the  release  of  the  trust  deeds  se¬ 
curing  the  same,  the  Trustee  shall  thereupon  deliver  to  the  Com 
pany  general  mortgage  bonds,  authenticated  by  its  certificate,  to 
the  amount  of  one  hundred  thousand  dollars  of  principal. 


Article  Third — Upon  maturity  of  such  prior  bonds  respect-  Payment  of 

^  A  r  prior  bonds 

ively,  said  Trustee  shall  apply  any  moneys  that  may  have  been  at  matunty* 


28 


Cancellation 
of  Bonds  re 
deemed. 


Possession  of 
trust  prop¬ 
erties. 


Right  to  sell 

personal 

property. 


Right  to 
mine  miner¬ 
als  and  cut 
timber. 


Right  to  sell 

surface 

land. 


received  by  it,  and  remain  in  its  hands  as  aforesaid,  to  the  pay¬ 
ment  of  principal  of  such  prior  bonds  as  may  at  the  time  be  out¬ 
standing. 

All  prior  bonds  which  may  be  received  by  said  Trustee  shall 
be  canceled  forthwith,  and  delivered  so  canceled  to  the  Trustee  of 
the  mortgage  which  was  given  to  secure  the  same. 


Article  Fourth — Until  default  shall  be  made  by  the  said  Com¬ 
pany,  its  successors  or  assigns,  in  the  due  and  punctual  observ¬ 
ance  and  performance  of  any  one  or  more  of  the  covenants  and 
agreements  herein  contained  on  the  part  and  behalf  of  the  said 
Company  to  be  kept  and  performed  (and  possession  taken  by  said 
Trustee  by  virtue  hereof),  the  said  Company,  its  successors  and 
assigns,  shall  be  suffered  and  permitted  to  remain  in  the  actual 
possession  of  all  and  singular  the  trust  properties  hereinbefore 
mentioned  and  described,  and  of  the  whole  thereof,  to  use  and 
employ  the  same  and  every  part  thereof,  to  sell  in  the  course  of 
trade  the  personal  property  and  products  so  intended  for  sale, 
and  to  sell  any  machinery,  equipment,  tools  or  other  personal 
property  covered  by  these  presents,  which  shall  either  have  been 
replaced  by  other  similar  articles  of  equal  value  or  which  shall 
cease  to  be  necessary  for  the  efficient  operation  of  the  Company's 
business;  and  to  exercise  and  enjoy  all  the  rights  and  franchises 
appertaining  thereto,  and  to  collect,  receive  and  have  the  income, 
rents,  revenues,  issues  and  profits  thereof,  and  use  the  same  in  any 
manner  which  will  not  impair  the  lien  created  by  these  presents; 
and  the  mining  of  coal  or  other  minerals  or  cutting  timber  from 
said  lands  shall  not  be  deemed  such  impairment. 

Article  Fifth — The  Company  may  at  any  time  in  its  own 
discretion  contract  for  the  sale  of  and  sell  and  convey  any  portion 
of  the  surface  of  the  lands  hereinbefore  described,  and  not  re¬ 
quired  by  it  in  its  operations,  upon  the  payment  to  said  Trustee 
of  the  sum  of  Five  Dollars  per  acre  for  the  land  so  sold  and  con 
veyed;  reserving,  however,  in  all  such  sales  and  conveyances,  the 


29 


right  to  said  Company,  its  successors  and  assigns,  to  extract  and 
dispose  of  all  coal  or  other  minerals  beneath  such  surface  without 
let  or  hindrance  from  or  responsibility  to  the  purchasers  of  such 
surface  on  account  of  the  operations  carried  on  beneath  the  sur¬ 
face  for  the  purpose  of  extracting  such  coal  or  other  minerals; 
and  upon  the  receipt  by  the  Trustee  of  said  Five  Dollars  per  acre, 
and  of  an  affidavit  by  the  President  or  General  Manager  of  the 
( Company  that  the  portion  of  the  surface  sought  to  be  released  i  * 
not  required  by  it  in  its  operations,  it  shall  execute  a  release  to 
the  purchaser  of  all  the  interest  so  conveyed,  which  shall  operate 
as  a  release  of  the  same  fromAhe  lien  of  these  presents.  The 
said  affidavit  of  the  President  or  General  Manager  of  the  Com¬ 
pany  shall  be  sufficient  and  conclusive  evidence  to  the  Trustee  of 
the  truth  of  the  facts  stated  therein.  The  said  Company  may 
also  with  or  without  compensation  therefor,  in  its  discretion, 
grant  over,  through  or  upon  the  lands  covered  by  these  presents, 
free  from  the  lien  thereof,  rights  of  way,  of  reasonable  extent, 
for  such  railways,  ditches,  highways,  tunnels  or  other  improve¬ 
ments  as  may  be  either  advantageous  or  not  injurious  to  its  own 
business  operations;  subject,  however,  to  the  right  of  said  Com¬ 
pany  to  extract  all  coal  and  minerals  as  aforesaid,  when  the  same 
can  be  done  without  injury  to  such  rights  of  way. 

All  moneys  received  by  the  Trustee  under  this  article  shall 
be  held  and  applied  by  it  to  and  for  the  purposes  of  the  sinking 
fund,  hereinafter  created;  provided,  that  if  at  the  time  of  the  re¬ 
ceipt  thereof  any  prior  bonds  which  are  a  lien  on  the  land  so  sold 
should  be  outstanding,  then  in  case  any  such  money  shall  be  re¬ 
ceived  by  the  Trustee  from  or  on  account  of  any  parcel  of  land 
now  subject  to  the  trust  deeds  securing  the  prior  bonds,  the  Trus¬ 
tee  shall  turn  over  such  money  to  the  Trustee  or  Trustees  there¬ 
under  for  the  time  being,  to  be  held  and  disposed  of  by  it  or  them 
as  therein  prescribed. 

Article  Sixth-I.  The  said  Company  shall  and  will  well  and 
truly  pay  off  and  discharge,  or  cause  to  be  paid  off  and  discharged, 


Company 
may  grant 
rights  of 
way. 


Disposition 
of  moneys  re¬ 
ceived  for 
surface 
ground  or 
rights  of  way. 


Covenant  to 
pay  taxes. 


30 


Covenant  to 
repair. 


Covenant  to 
discharge 
prior  bonds 
and  obliga¬ 
tions. 


each  and  every  tax,  assessment  or  other  liability  and  govern¬ 
mental  charge  which  may  from  time  to  time  be  lawfully  levied  or 
imposed  by  competent  authority  upon  the  said  trust  properties, 
or  upon  any  part  thereof,  the  lien  whereof  might  or  could  be  held 
to  be  superior  to  the  lien  of  these  presents,  so  that  the  priority  of 
these  presents  shall  at  all  times  be  duly  maintained  and  pre¬ 
served.  The  Company  shall  keep  the  said  mines,  mining  property, 
coke  ovens  and  other  establishments,  manufactories  and  manu¬ 
facturing  establishments,  hereinbefore  mentioned,  in  good  work¬ 
ing  order  and  condition,  and  shall  and  will  from  time 
to  time  make  all  needful  and  proper  repairs,  renewals,  replace¬ 
ments,  alterations,  additions,  betterments,  developments  and 
improvements  of  all  and  singular  said  property,  mines  and  prem¬ 
ises,  so  that  the  business  thereof,  and  of  every  part  thereof,  shall 
be  preserved,  developed  and  maintained. 


II.  The  Company  shall  well  and  truly  pay,  or  cause  to  be 
paid,  the  said  prior  bonds  and  indebtedness  and  the  interest  there¬ 
on  at  maturity,  and  shall  and  will  well  and  truly  observe  and  per¬ 
form  all  the  covenants  and  agreements  in  said  several  trust  deeds, 
securing  said  prior  bonds,  respectively  contained,  in  such  manner 
that  the  rights  of  the  holders  of  general  mortgage  bonds  issued 
hereunder,  and  the  security  afforded  them  by  these  presents  shall 
not  be  in  any  wise  impaired  or  prejudiced,  and  will  not  do  or 
suffer  any  matter  or  thing  whatsoever  whereby  the  lien  of  these 
presents  might  or  could  be  diminished  or  impaired;  provided, 
that  nothing  herein  contained  shall  prevent  either  the  substitu 
tion  or  exchange  of  general  mortgage  bonds  secured  by  these 
presents  for  the  prior  bonds  aforesaid  now  outstanding,  or  the 
payment  of  such  prior  bonds  with  the  proceeds  of  the  sale  or  ne¬ 
gotiation  of  any  general  mortgage  bonds  secured  hereby,  as  herein 
provided,  or  the  release,  by  the  said  Trustee,  of  any  portion  of  the 
said  lands  and  premises  which  may  be  sold  under  and  according 
to  the  stipulations  herein  contained,  or  the  performance  of  any 
of  the  conditions  of  this  indenture. 


31 


III.  As  between  the  Company  and  the  Trustee,  all  the  ma-  Machinery 

1  *  and  lmprove- 

chinery,  tools  and  other  personal  property  used  and  to  be  used  in  fixtures, 
connection  with  the  said  trust  properties  shall  be  considered 
fixtures,  and  be  held  to  be  covered  by  the  lien  of  these  presents. 

Article  Seventh— If  default  shall  be  made  in  the  payment  of  J^caseof  de- 
any  semi-annual  installment  of  interest  mentioned  in  the  said 
general  mortgage  bonds,  according  to  the  tenor  or  effect  of  said 
bonds,  and  if  such  default  shall  continue  for  the  period  of  six 
months,  then  the  trustee,  or  its  successor  or  successors  in  the 
trust,  may,  at  its  or  their  option,  and  upon  being  requested  in 
writing  by  the  holders  of  a  majority  in  amount  of  the  said  bonds 
then  outstanding,  shall,  declare  the  principal  of  all  of  the  said 
bonds  to  be  immediately  due  and  payable,  and  thereupon  the 
principal  of  all  of  said  bonds  shall  become  due  and  payable  forth¬ 
with.  Such  declaration  may  be  made  by  notice  in  writing  to  the 
said  Company  or  by  publication  thereof  once  in  some  daily  news¬ 
paper  published  in  the  Cit3r  of  New  York.  In  case  of  any  sale  of 
the  mortgaged  premises  pursuant  to  any  decree  of  foreclosure 
and  sale  based  upon  this  mortgage,  the  principal  of  all  of  the 
bonds  secured  hereby  shall  become  forthwith  due  and  payable 
without  any  declaration  to  that  effect  or  notice  thereof. 

In  case  default  shall  be  made  by  said  Company  in  the  per¬ 
formance  of  any  of  the  covenants  and  agreements  contained  in 
the  several  prior  bonds,  or  in  the  trust  deeds  securing  the  same, 
so  as  to  entitle  the  Trustee  or  Trustees  therein,  or  either  of  them, 
to  exercise  the  power  of  entry  provided  for  therein ;  or,  in  case  the 
said  Company  shall,  at  any  time,  make  default  (a)  in  paying  the 
principal  or  interest,  or  any  part  thereof,  which,  in  and  by  said 
general  mortgage  bonds,  it  has  promised  to  pay,  on  any  day 
whereon  the  same  shall  be  payable  and  shall  have  been  demand 
ed;  or  (b)  in  paying  all  or  any  part  of  the  taxes  and  assessments 
which  shall  at  any  time  be  lawfully  imposed  upon  the  properties 
covered,  or  intended  to  be  covered,  by  these  presents,  as  each  shall 
respectively  fall  due;  or  (c)  in  setting  apart  and  applying,  at  the 


32 


times  and  in  the  manner  hereinafter  directed,  the  sinking  fund 
hereinafter  pro  Aided  for,  or  some  part  thereof;  and  in  case  one 

bondholders  or  more  persons  holding  a  majority  of  said  general  mortgage 
bonds,  as  to  which  such  defaults,  or  one  or  more  of  them,  exist, 
shall  have  made  a  demand  npon  said  Trustee  in  writing  to  that 
effect,  then,  npon  the  continuance  of  such  defaults,  or  one  or  more 
of  them,  for  six  months,  it  shall  be  lawful  for  said  Trustee: 

Right  of  I.  To  enter  into  and  upon  all  and  singular  the  trust  prop- 

trustee  to  #  11 

possession,  erties  covered,  or  intended  to  be  coArered,  by  these  presents,  and  to 
take  the  same,  and  each  and  all  of  them,  into  its  own  possession, 
and  to  control,  manage  and  operate  the  same,  by  itself,  or  by  its 
agents,  attorneys  and  employes,  as  it  shall  think  proper,  in  like 
manner  as  the  said  Company  theretofore  had  or  might  liaAre  done; 
and  to  collect,  use  and  dispose  of  the  products,  earnings,  rents, 
profits,  re\renues  and  income  thereof  (first)  in  and  toward  paying 
the  expense  of  operating  said  properties,  and  of  keeping  the  same 
in  good  and  efficient  working  condition  and  repair,  including  a 
reasonable  compensation  to  the  said  Trustee  for  managing  and 
operating  the  same,  and  also  the  fees  of  counsel  employed  by  it  in 
that  behalf;  and,  if  any  surplus  shall  remain,  then  (second)  to  use 
such  surplus  in  making  good  the  default  or  defaults  which  may 
have  so  occurred,  whether  before  or  after  its  taking  possession  as 
aforesaid,  to  (or  for  the  benefit  of)  the  .parties  who  may  have 
suffered  thereby;  and,  upon  and  after  lia\7ing  so  made  good  all 
such  defaults,  in  trust  to  restore  the  said  trust  properties  to  the 
said  Company  in  like  manner  as  it  had  held  the  same  before  such 
defaults  had  occurred;  or 


Continuance 
of  default  for 
six  months. 


Sale  of  trust 
properties. 


II.  In. case  any  one  or  more  of  the  defaults  in  this  article 
mentioned  shall  have  occurred,  and  continued  for  more  than 
six  months,  and  upon  a  like  written  demand  upon  said  Trustee 
to  that  effect,  made  by  one  or  more  persons  holding  a  majority 
of  said  general  mortgage  bonds  as  to  which  such  defaults,  or 
any  one  or  more  of  them,  shall  exist,  then  in  trust  to  sell,  or  cause 
to  be  sold,  the  said  trust  properties,  or  so  much  thereof  as  shall  be 
necessary  for  that  purpose,  at  public  auction,  at  Denver,  Colo- 


33 


rado,  after  having  given  notice  of  the  time  and  place  and  terms 
of  sale,  by  publishing  the  same  once  in  each  week  for  nine  con 
secutive  weeks  immediately  preceding  such  sale,  in  one  newspaper 
published  in  the  City  of  New  York  and  in  one  newspaper  pub¬ 
lished  in  the  City  of  Denver,  Colorado;  and  upon  such  sale  or  sales 
to  execute  and  deliver  to  the  purchaser  or  purchasers  of  the  prop¬ 
erty  sold,  both  in  its  own  name  and  in  the  name  of  the  Company, 
and  as  its  attorney  in  fact,  irrevocable  (hereby  duly  appointed  and 
authorized),  such  good  and  sufficient  deeds  of  conveyance,  or  other 
instruments  of  assignment  or  transfer,  as  may  be  necessary  or 
convenient,  to  vest  in  the  purchaser  or  purchasers  all  the  estate, 
right,  title  and  interest,  both  of  the  said  Trustee  and  of  the  said 
Company,  of,  in  and  to  the  property  so  purchased;  and  in  trust, 
to  receive,  collect,  use  and  apply  the  net  proceeds  of  such  sales, 
after  deducting  therefrom  all  expenses  incurred  in  making  such 
sales,  including  a  reasonable  compensation  to  the  said  Trustee 
for  administering  this  trust,  and  also  the  fees  of  counsel  employed 
by  it  in  that  behalf,  in  and  towards  the  payment  in  full  (or  if  not 
in  full,  then  pro  rata),  of  the  interest  first,  and  then  of  the  prin¬ 
cipal,  due  upon  any  and  all  the  said  general  mortgage  bonds  then 
outstanding  and  unpaid,  in  such  manner  that,  after  such  pay¬ 
ments  shall  have  been  made,  the  amounts  remaining  unpaid  upon 
each  bond,  whether  of  principal  or  interest,  shall  be  equal  one 
with  another. 

III.  Nothing  in  this  article  contained  shall  be  so  construed 
as  to  prevent  or  hinder  the  said  Trustee  from  applying  to  any 
Court  of  competent  jurisdiction,  after  any  default  in  the  per¬ 
formance  of  any  of  the  terms  and  provisions  hereof,  for  a  judicial 
foreclosure  of  these  presents,  or  for  any  relief,  provisional,  inter¬ 
locutory  or  final,  to  which  it  may  be  entitled  in  any  proceeding, 
either  at  law  or  in  equity,  to  enforce  or  secure  any  rights  herein 
conferred.  But  no  bondholder  or  bondholders  shall  take,  begin, 
institute  or  prosecute,  or  have  the  right  to  require  the  Trustee  to 
take,  begin,  institute  or  prosecute,  any  suit  or  suits,  proceeding  or 
proceedings,  to  enforce  the  provisions  of  or  to  foreclose  this  mort- 


Application 
of  proceeds. 


Judicial 

foreclosure. 


34 


Mortgage 
bonds  re¬ 
ceived  for 
purchase 
money. 


Order  of  sale. 


Sinking  fund. 


gage,  until  after  the  expiration  of  the  period  of  six  months  from 
the  date  of  any  such  default.  And  no  bondholder  or  bondholders 
shall,  at  any  time,  take,  begin,  institute  or  prosecute  any  suit  or 
suits,  proceeding  or  proceedings,  until  after  he  or  they  shall  have 
requested  the  Trustee  in  writing  to  take,  begin  or  institute  such 
suit  or  suits,  proceeding  or  proceedings,  and  offered  proper  in 
demnity,  as  hereinafter  provided,  and  the  Trustee  shall  have 
thereupon  refused  to  comply  with  such  request.  The  Trustee  shall 
have  the  right  to  require  the  person  or  persons  presenting  any 
such  request,  or  any  request  or  demand  mentioned  or  provided  for 
in  this  mortgage,  to  furnish  proof,  by  affidavit  or  affidavits  of  the 
signers,  as  to  the  ownership  of  the  bonds  represented  by  him  or 
them,  and  of  his  or  their  authority  to  subscribe  such  request,  in 
case  the  same  shall  be  subscribed  by  any  other  person  than  the 
owner;  and,  if  such  proof  be  so  required,  the  said  request  shall 
be  without  effect  until  such  proof  shall  have  been  furnished  to  the 
Trustee. 

IV.  Any  of  the  general  mortgage  bonds  or  prior  bonds  and 
overdue  coupons  thereon  shall  be  received  in  payment  of  the  pur¬ 
chase  money  of  any  property  sold  as  aforesaid  as  equivalent  to  so 
much  cash  of  the  said  purchase  money  as  would  be  distributable 
and  payable  thereon;  provided  that,  in  case  of  any  such  sale  or 
sales  under  and  by  virtue  of  the  power  conferred  by  this  instru¬ 
ment,  the  Trustee  shall  sell  the  trust  properties  in  such  order  as 
may  be  in  writing  directed  by  said  Company,  provided  reasonable 
notice  thereof  shall  be  given  to  the  Trustee. 

Article  Eighth — I.  For  the  purpose  of  providing  against 
any  depreciation  of  the  security  reserved  herein  by  reason  of  the 
mining  out  of  coal  and  iron  from  the  aforesaid  trust  properties, 
the  Company  shall  set  aside  and  reserve  from  and  after  the  first 
day  of  July,  1893,  and  while  the  lien  of  these  presents  continues, 
the  sum  of  two  cents  per  ton  on  each  ton  of  coal,  and  five  cents 
per  ton  on  each  ton  of  iron  ore,  mined  from  any  of  the  lands  now 
or  hereafter  covered  by  this  mortgage,  such  reservation  to  be  for 


35 


the  purposes  of  a  sinking  fund  on  the  condition  hereinafter  set 
forth. 

II.  On  or  before  the  first  day  of  December  in  each  year, 
commencing  with  1894,  while  the  lien  of  these  presents  shall  con¬ 
tinue,  the  Company  shall  account  to  the  Trustee  for  all  moneys 
reserved  as  aforesaid  for  the  purposes  of  a  sinking  fund.  The  investment 
Company  shall  have  the  right  to  invest  the  moneys  so  reserved fund  ln  land‘ 
by  it  in  the  purchase  of  coal  and  iron  lands  which  may  be  neces¬ 
sary  or  desirable  for  the  use  of  the  Company,  at  the  fair  value 
thereof.  On  or  before  the  first  day  of  December  in  each  year  the  see  suppi*- 

mental  rnort- 

Company  shall  deliver  to  the  Trustee  a  supplemental  mortgage  or  gages,  page 
deed  of  trust  which  shall  vest  the  title  to  the  lands  so  purchased, 
if  any,  in  the  said  Trustee,  subject  to  all  the  trusts,  powers,  con¬ 
ditions  and  provisions  herein  contained,  and  shall  pay  over  to  the 
said  Trustee  the  reservations  of  said  sinking  fund  which  shall  not 
have  been  invested  in  coal  or  iron  lands  as  above  provided;  pro- 

Account  and 

vided,  that  such  delivery  shall  be  accompanied  by  the  affidavit  of  reSdered ts 
the  President,  General  Manager  or  one  of  the  Vice-Presidents Tlustee' 
of  the  Company  showing  the  entire  amount  of  moneys  reserved 
during  the  preceding  year  and  the  amount  invested  in  the  pur¬ 
chase  of  lands,  and  setting  forth  that  the  lands  purchased  on  ac¬ 
count  of  said  sinking  fund  were  necessary  or  desirable  for  the  use 
of  the  Company;  that  the  price  paid  for  the  same  was  the  fair 
cash  value  thereof,  and  that  said  property  had  been  purchased 
for  the  Company  in  good  faith  for  the  consideration  expressed; 
and  shall  be  further  accompanied  by  a  certified  copy  of  the  resolu¬ 
tion  adopted  by  the  Board  of  Directors  of  the  Company  authoriz¬ 
ing  or  approving  the  purchase  of  the  aforesaid  coal  and  iron 
lands  and  the  execution  and  delivery  of  the  supplemental  mort¬ 
gage  above  provided  for,  which  affidavit  and  certificate  shall  be 
conclusive  evidence  to  the  Trustee  of  the  truth  of  the  statements 
therein  contained;  provided,  further,  that  the  owners  of  a  major- Right  of 

bondholders 

ity  in  amount  of  the  outstanding  bonds  shall  have  the  right  at  any  paj^ntof 
time  to  require  all  sinking-fund  reservations  thereafter  accruing  ii^Th. fund 
to  be  paid  in  cash;  and,  whenever  one  or  more  persons  holding  a 


36 


Investment 
of  sinking 
fund  in 
bonds. 


Redemption 
of  bonds  by 
lot. 


Destruction 
of  bonds  re¬ 
deemed. 


majority  of  said  general  mortgage  bonds  shall  have  made  a  de¬ 
mand  upon  said  Trustee  in  writing  to  that  effect,  the  entire  sink¬ 
ing-fund  reservation  shall  be  payable  in  cash  from  that  time  until 
the  maturing  of  the  said  general  mortgage  bonds. 

III.  Immediately  upon  the  receipt  of  moneys  for  the  sinking 
fund,  or  from  sales  of  land,  as  provided  in  Article  Five,  the  Trus¬ 
tee  shall  proceed  to  invest  the  same  in  the  outstanding  general 
mortgage  bonds  secured  by  this  deed  of  trust  by  purchasing  them 
in  the  open  market  at  the  best  price  for  which  they  can  be  ob¬ 
tained;  in  no  event,  however,  paying  more  than  par  and  five  per 
centum  premium  with  accrued  interest. 

IV.  In  case  the  Trustee  shall  not  be  able  to  purchase  the 
bonds  at  the  price  herein  limited,  then,  and  in  that  event,  the 
Trustee  shall,  on  or  before  the  first  day  of  January  in  each  year, 
draw  by  lot  from  the  entire  number  of  bonds  which  shall  have 
been  outstanding  on  the  first  day  of  December  previous  thereto 
such  a  number  of  bonds  for  redemption  as  it  shall  have  funds  to 
redeem  at  par  and  five  per  cent,  premium,  and  the  holders  of  said 
bonds  so  drawn  shall  be  forthwith  notified  by  advertisement  pub¬ 
lished  daily  (Sundays  excepted)  for  two  weeks  in  two  newspapers 
in  the  City  of  New  York,  and  in  one  newspaper  in  Denver,  Colo 
rado,  that  their  bonds  will  be  redeemed  at  five  per  cent,  above  par 
with  accrued  interest  on  the  first  day  of  February  then  next  en¬ 
suing,  and  such  bonds  shall  thereupon  cease  to  draw  interest 
from  the  date  fixed  for  redemption,  and  shall  be  redeemed  by  the 
said  Trustee  on  and  after  that  day,  and  at  the  price  aforesaid,  out 
of  the  moneys  placed  in  its  hands  on  account  of  said  sinking 
fund. 

V.  All  bonds  that  shall,  from  time  to  time,  be  purchased  or 
redeemed  through  the  sinking  fund  herein  created  shall  be’ de¬ 
stroyed  forthwith  by  the  said  Trustee  in  the  presence  of  some 
officer  or  other  person  to  be  designated  by  the  Company,  and  said 
Trustee  shall  certify  to  said  Company,  in  writing,  the  fact  of  such 
destruction  and  the  numbers  of  the  bonds  so  destroyed. 


37 


Article  Ninth-T.  In  case  said  Trustee  shall  be  required  bygjsponji- 
the  holders  of  bonds  secured  by  these  presents  to  enforce  any  0fTrustee' 
their  rights  hereby  secured,  it  shall  not  be  required  to  incur  any 
expense  or  liability  in  connection  therewith  until  it  shall  be  sat¬ 
isfactorily  indemnified  by  the  parties  requiring  such  action  to  be 
taken. 


II.  All  powers  in  these  presents  conferred  upon  the  said  Discretion- 

1  ary  power 

Trustee  (except  as  otherwise  herein  specifically  provided)  shall  be®*®jjcl/^hin 
deemed  discretionary,  and  it  shall  incur  no  liability  in  exercising 
any  such  powers,  provided  it  acts  in  good  faith  in  exercising  the 
same. 

III.  The  Trustee  shall  not  be  answerable  for  the  default  or  Right  to  em¬ 

ploy  agents. 

misconduct  of  any  attorney,  clerk  or  agent  appointed  by  it  in 
pursuance  hereof,  if  such  attorney,  clerk  or  agent  be  selected  with 
reasonable  care,  nor  for  any  error  or  mistake  made  by  it  in  good 
faith,  but  only  for  gross  negligence  or  willful  default  in  the  dis¬ 
charge  of  its  duties  as  such  Trustee.  The  Trustee  shall  not  be 
individually  liable  for  any  debts  contracted  or  any  liabilities  in¬ 
curred  by  it,  nor  for  any  damage  to  persons  or  property  injured, 
nor  for  salaries  or  non-fulfillments  of  contracts,  during  any  period 
in  which  the  Trustee  shall  manage  the  trust  property  upon  entry 
as  aforesaid,  but  all  such  debts  and  liabilities  shall  be  and  con¬ 
stitute  a  first  charge  upon  the  trust  funds  and  properties. 

IV.  The  Trustee  shall  be  entitled  to  such  just  and  reason-  Compensa. 
able  compensation  for  all  services  which  may  hereafter  be  ren-  T?i?stie. 
dered  by  it  in  this  trust  as  may  be  agreed  upon  between  it  and  the 
Company,  or  in  the  absence  of  such  agreement  as  may  be  fixed 

by  any  court  of  competent  jurisdiction;  and  the  services  of  such 
Trustee  shall  be  deemed  to  be  continuous  during  the  entire 
period,  while  these  presents  shall  remain  in  force  or  effect,  and  it 
remains  such  Trustee;  and  said  Trustee  shall  be  paid  by  the 
Company,  or  out  of  the  income  of  the  trust  properties  from  time 
to  time  as  required,  and  until  paid  shall  be  secured  hereby.  The 
said  Trustee  shall  be  entitled  to  be  fully  reimbursed  in  respect 


38 


thereof  before  any  distribution  is  made  for  principal  or  for  in¬ 
terest  upon  any  bonds  or  coupons  secured  hereby. 

Resignation  Article  Tenth— The  said  Trustee, or  any  Trustee  or  Trustees 

or  removal 

of  Trustee,  hereafter  appointed,  may  resign  and  be  discharged  of  the  trust 
created  by  this  indenture,  by  giving  notice  in  writing  to  the  Com¬ 
pany,  and  to  the  general  mortgage  bondholders,  by  publication 
thereof,  at  least  six  times  a  week  for  four  successive  weeks,  in  a 
newspaper  published  in  the  City  of  New  York,  New  York,  and  in  a 
newspaper  published  in  the  City  of  Denver,  Colorado,  such  resig¬ 
nation  not  to  take  effect  until  at  least  thirty  days  after  the  last 
publication  of  such  notice;  and  in  case  of  the  dissolution  of  said 
Trustee,  or  of  its  resignation,  incapacity  to  act,  or  removal  as 
Trustee  hereunder,  it  shall  be  the  duty  of  the  Company,  or  of  its 

Meeting  °f  President,  or  Secretary,  to  call  a  meeting  of  the  holders  of  the 
general  mortgage  bonds  secured,  or  intended  to  be  secured  here¬ 
by,  by  publishing  a  notice  at  least  six  times  each  week,  for  at  least 
four  weeks,  in  a  newspaper  published  in  the  City  of  New  York, 
New  York,  k  and  in  a  newspaper  published  in  the  City  of  Denver, 
Colorado,  such  meeting  of  holders  of  said  bonds  to  be  held  in  the 
City  of  New  York,  not  less  than  ten  days  after  the  last  publica¬ 
tion  of  each  or  either  of  said  notices,  for  the  purpose  of  filling  the 

Appoint  piace  0f  said  Trustee;  and  a  majority  in  interest  of  the  holders  of 

Trustee. 


Conveyance 
to  new 
Trustee  by 
the  old. 


said  bonds,  so  attending  such  meeting,  or  legally  represented 
thereat,  shall  be  competent  to  elect  a  new  Trustee,  and  shall  at 
such  meeting  proceed  to  elect  a  suitable  person  or  persons  or  cor¬ 
poration  to  act  as  Trustee  or  Trustees  to  fill  such  vacancy,  and  the 
person  or  persons  or  corporation  so  elected  shall  immediately 
upon  such  election,  and  upon  filing  with  the  Company  an  accept¬ 
ance  in  writing  of  such  trust,  become  vested  with  all  the  estate, 
trust,  rights,  power  and  duties  of  the  said  Trustee,  as  prescribed 
herein;  and  thereupon  all  the  powers  hereunder,  and  all  che 
estate,  right,  title  and  interest  in  the  said  trust  properties  of  the 
Trustee  who  shall  have  become  incapable,  or  have  resigned,  or 
have  been  removed,  shall  wholly  cease  and  determine;  but,  never¬ 
theless,  the  Trustee  or  Trustees  resigning,  or  being  removed  as 


39 


aforesaid,  shall,  upon  request  in  writing  of  the  new  Trustee  or 
Trustees,  execute  and  deliver  to  it,  him  or  them  all  such  convey¬ 
ances  and  other  instruments  as  shall  be  fit  and  expedient,  for  the 
purpose  of  assuring  to  such  new  Trustee  or  Trustees  the  legal 
estate  in  the  trust  properties;  provided,  that  the  expense  of  the 
preparation  and  execution  of  such  new  instruments  shall  be  de¬ 
frayed  by  the  Company,  or  other  parties  in  interest ;  and  provided, 
further,  that  nothing  herein  contained  shall  be  so  construed  as  to 
deprive  any  Trustee,  or  his  or  its  representatives  of  any  right  to 
such  compensation  or  reimbursement  as  such  Trustee  is  or  may 
be  justly  entitled  to,  for  any  service  actually  rendered,  or  expense  in¬ 
curred  under  this  indenture;  and  in  case  of  such  election  of  a  new 
Trustee  or  Trustees,  as  aforesaid,  the  Company  hereby  covenants  Conveyance 

to  new  Trus- 

to  make,  execute  and  deliver,  such  other  or  further  instruments,  mortgagor, 
deeds,  indentures  or  assurances,  as  may  be  necesssary  to  enable 
the  person  or  persons,  or  corporation  so  elected,  to  execute  and 
carry  out  the  trusts  hereby  created  and  declared,  as  fully  and 
perfectly  in  all  respects,  as  he,  they  or  it  could  have  executed  and 
carried  out  the  same,  if  originally  made  the  party  of  the  second 
part  to  this  indenture;  and  it  is  hereby  declared  and  agreed,  that 
in  case  the  holders  of  said  bonds  shall  fail  or  omit  to  appoint  a 
new  Trustee  or  Trustees,  in  the  manner  aforesaid,  within  ninety 
days  after  the  incapacity  of  any  Trustee  shall  occur,  or  within 
ninety  days  after  the  resignation  or  removal  of  any  Trustee,  the 

When  the 

President  of  the  Company  shall  thereupon  become  such  Trustee,  Resident  of 
and  shall  serve  as  such,  and  shall  be  subject  to  all  the  duties,  Trustee.1  as 
and  be  vested  with  all  the  powers  herein  or  hereby  created,  grant¬ 
ed  and  conferred  upon  the  said  party  of  the  second  part,  until  a 
majority  in  interest  of  the  holders  of  the  outstanding  bonds  shall 
elect  a  Trustee  or  Trustees,  in  the  manner  aforesaid.  It  is  further 
expressly  agreed  that  all  covenants,  stipulations,  promises  and 
undertakings  herein  contained,  by  or  on  behalf  of  the  Company, 
shall  bind  and  be  binding  upon  its  successors  or  assigns,  whether 
so  expressed  or  not. 


40 


Bondholders 
may  author¬ 
ize  altera¬ 
tion  of 
mortgage. 


Evidence  of 
any  altera¬ 
tion  deliver¬ 
ed  to  trustee. 


Certificate  of 
alteration 
executed  by 
trustee. 


Article  Eleventh— I.  These  presents,  and  the  trusts,  con¬ 
ditions  and  powers  hereby  imposed  or  granted,  may  be  altered, 
curtailed,  enlarged  or  added  to  in  any  manner  that  shall  be  agreed 
upon  between  the  said  Company  and  the  said  Trustee,  provided 
that  such  alterations,  curtailments,  enlargements  or  additions 
shall  have  first  been  approved  by  holders  of  two-thirds  in  amount 
of  all  the  then  outstanding  general  mortgage  bonds  secured  by 
these  presents,  at  a  meeting  of  general  mortgage  bondholders  to 
be  summoned  by  said  Trustee  at  the  request  of  the  Board  of  Di¬ 
rectors  of  said  Company,  and  upon  a  two  weeks’  written  notice  of 
the  time,  place  and  purpose  of  said  meeting,  to  be  sent  by  mail 
to  all  such  bondholders  whose  places  of  residence  can  be  ascer¬ 
tained,  and  by  publication  thereof  daily  (Sundays  excepted)  for 
two  weeks  immediately  previous  to  such  meeting,  in  twro  news¬ 
papers  published  in  the  City  of  New  York,  and  in  one  newspaper 
published  in  the  City  of  Denver,  Colorado. 

II.  The  approval  by  the  requisite  number  of  bondholders  of 
such  alterations,  curtailments,  enlargements  or  additions  shall  be 
evidenced  by  some  instrument  in  writing  duly  executed  by  them 
under  their  hands  and  seals,  in  person  or  by  attorney  duly  author¬ 
ized,  which  instrument  shall  be  lodged  with  the  said  Trustee  as 
its  authority  for  assenting  thereto. 

III.  The  alterations,  curtailments,  enlargements  or  addi¬ 
tions,  when  so  approved,  shall  be  embodied  in  an  indenture  under 
seal  duly  executed  by  and  between  the  said  Company  and  the  said 
Trustee,  in  such  manner  as  to  entitle  the  same  to  be  recorded  in 
every  recording  office  where  these  presents  shall  have  been,  or 
shall  be  intended  to  be,  recorded.  When  said  indenture  shall  have 
been  so  executed  and  delivered  to  the  said  Trustee,  these  presents 
shall  forthwith  be  deemed  to  have  been  altered,  curtailed,  en¬ 
larged  or  added  to,  in  accordance  therewith,  and  the  Trustee 
shall  cause  said  indenture  to  be  recorded  in  such  recording  offices 
as  shall  be  by  law  required,  to  give  notice  to  all  persons  affected, 
or  to  be  affected  thereby,  but  the  said  Trustee  shall  have  power  to 


41 


refuse  to  agree  to  any  such  alterations,  curtailments,  enlarge 
ments  or  additions,  in  case  it  shall  think  that  the  same  shall  un¬ 
reasonably  impair  or  prejudice  the  rights  of  the  bondholders  who 
do  not  assent  thereto. 

Article  Twelfth— I.  It  is  hereby  expressly  further  mutually  SKe°rfs, 
agreed  that  whenever,  and  as  often  as  any  contingency  shall  arise 
on  which  the  action  of  a  majority  in  interest  of  the  holders  of 
general  mortgage  bonds  secured  hereby  shall  be  controlling,  or  in 
which  the  said  bondholders  have  by  the  provisions  hereof  any 
discretionary  voice  or  power,  the  Trustee  hereunder  may  call  a 
meeting  of  the  holders  of  such  bonds,  at  the  time  outstanding,  in 
manner  hereinafter  provided;  and,  until  otherwise  prescribed  by 
said  bondholders,  such  meetings  shall  be  held  at  the  City  of  NewNotlce' 
York,  and  notice  of  the  objects,  time  and  place  of  such  meeting 
shall  be  given  by  publishing  the  same  in  two  newspapers  pub¬ 
lished  in  the  City  of  New  York,  and  also  in  a  newspaper  published 
in  Denver,  Colorado,  twice  a  week  for  at  least  eight  successsive 
weeks  (the  last  publication  to  take  place  on  the  day  in  such  notice 
mentioned  for  such  meeting),  and  by  depositing  in  the  Post  Office, 
in  the  City  of  New  York,  at  the  time  or  previous  to  the  first  publi¬ 
cation  thereof,  a  written  or  printed  copy  of  such  notice  properly 
enveloped  and  directed  to  each  and  every  owner  or  owners  of 
any  one  or  more  of  said  bonds  standing  registered  in  his  or  their 
names,  at  his  or  their  registered  place  of  residence,  with  the 
postage  prepaid  thereon;  provided,  that  the  expense  of  publishing 
and  giving  such  notice  shall  be  a  liability  of  the  Company  here¬ 
under,  and  may  be  defrayed,  if  necessary,  out  of  any  trust  funds 
in  the  hands  of  said  Trustee. 

II.  It  shall  be  the  duty  of  the  Trustee  to  call  any  such  meet- when  meet- 
ing,  whenever  the  Company  or  the  holder  or  holders  of  general called- 
mortgage  bonds  to  an  aggregate  amount  not  less  than  $600,000 
shall  in  writing  request  the  Trustee  so  to  do,  and  at  the  same 
time  tender  to  the  Trustee  an  adequate  amount  to  cover  the  ex 
penses  of  calling  and  holding  such  meeting;  and  if  the  Trustee 
shall  fail  to  call  such  meeting  in  manner  aforesaid  within  thirty 
days  after  such  request  and  tender,  or  if  the  said  Trustee  shall 


42 


Rules  for 
government 
of  meetings. 


Quorum. 


Covenant  for 

further 

assurances. 


Rights  of 
mortgagor 
on  payment 
of  bonds. 


have  resigned  or  become  otherwise  incapacitated,  the  President 
of  the  Company  or  the  holder  or  holders  of  such  bonds  to  the 
amount  aforesaid  may  call  such  meeting  in  manner  herein  pro¬ 
vided,  and  at  any  meeting  a  majority  in  interest  of  the  holders  of 
said  bonds  outstanding  may  prescribe  and  establish  such  rules 
and  by-laws  as  they  may  deem  proper  for  the  calling  of  future 
similar  meetings  and  the  regulation  of  proceedings  thereof,  and 
alter,  repeal  or  amend  the  same  at  pleasure. 

III.  At  any  meeting  so  convened  the  holders  of  said  bonds 
shall  be  competent  to  exercise  in  person  or  by  proxy  all  the 
powers  and  authorities  conferred  upon  them  by  these  presents, 
and  a  majority  in  interest  shall  constitute  a  quorum  for  the 
transaction  of  any  business,  provided  that  less  than  a  quorum 
may  adjourn  from  time  to  time,  and  that  each  bond  shall  entitle 
the  holder  or  holders  thereof  to  one  vote,  and  that  a  majority  of 
votes  represented  shall  govern  in  all  cases  wherein  a  majority  in 
interest  of  all  bonds  outstanding  is  not  hereby  required. 

Article  THiRTEENTH-The  Company  further  agrees  for  itself, 
its  successors  and  assigns,  that  it  shall  and  will,  from  time  to 
time  and  at  all  times  hereafter  during  the  continuance  of  the 
lien  of  these  presents,  and  as  often  as  requested  by  the  Trustee, 

execute,  acknowledge  and  deliver  all  such  further  deeds  of  con¬ 
veyance  and  assurances  in  the  law  for  the  better  securing  unto 
the  Trustee  upon  the  trusts  herein  expressed  the  trust  properties 
herein  provided  for,  with  all  appurtenances  thereto,  as  may  be 
requested  by  the  Trustee. 

Article  Fourteenth— In  Case  the  Company  shall  well  and 
truly  pay,  or  cause  to  be  paid,  all  the  bonds  to  be  issued  here¬ 
under,  or  entitled  to  the  protection  of  this  indenture,  and  the 
coupons  thereto  attached,  at  the  times  and  in  the  manner  therein 
specified,  and  shall  well  and  truly  keep  and  perform  the  covenants 
and  undertakings  herein  and  hereby  required  to  be  kept  and 
performed  by  it,  according  to  the  true  intent  and  meaning  of  this 
indenture,  then,  and  in  that  case,  all  the  trust  properties  hereby 
conveyed  shall  revert  to  the  Company,  and  the  estate,  right,  title 


43 


and  interest  of  the  said  Trustee  aforesaid,  its  succcessor  or  suc¬ 
cessors,  shall  thereupon  cease,  determine  and  become  void,  and 
the  said  Trustee  shall,  by  some  appropriate  instrument,  declare 
the  lien  of  these  presents  to  be  discharged  and  shall  execute  such 
deeds,  assignments  or  other  instruments  as  shall  be  necessary  or 
convenient  to  free  the  above  trust  properties  therefrom;  other¬ 
wise,  the  same  shall  be  continued  and  remain  in  full  force  and 
virtue. 

^>foi§  Irpdenttipe  is  executed  and  delivered  to  the  said  Trustee  indenture 

c  f  executed  in 

in  several  counterparts  for  the  purpose  of  simultaneous  record  in  teJpIrtsC°un’ 
the  proper  offices  in  each  of  the  several  Counties  of  Colorado  and 
Wyoming  wherein  the  trust  properties  or  some  part  thereof  is 
situated,  but  all  of  such  counterparts  so  executed  and  delivered 
each  as  an  original,  constitute  but  one  instrument. 

lip  ix^itipe§§  (aiipepeof,  the  said  The  Colorado  Fuel  and  Iron  Attestation. 
Company,  party  of  the  first  part,  has  caused  these  presents  to  be 
executed  on  its  behalf  by  its  President,  and  its  corporate  seal,  at¬ 
tested  by  its  Assistant  Secretary,  to  be  hereto  affixed,  and  the 
said  Central  Trust  Company  of  New  York,  party  of  the  second 
part,  in  evidence  of  its  acceptance  of  the  trust  hereby  created,  has 
likewise  caused  these  presents  to  be  executed  on  its  behalf  by  its 
Vice-President,  and  its  corporate  seal,  attested  by  its  Assistant 
Secretary,  to  be  hereto  affixed,  the  day  and  year  first  above 
written. 

THE  COLORADO  FUEL  AND  IRON  COMPANY, 

By 

J.  C.  OSGOOD, 

[Seal]  President. 

Attest : 

C.  H.  PARMELEE, 

Assistant  Secretary. 


CENTRAL  TRUST  COMPANY  OF  NEW  YORK, 
By 


[Seal] 

Attest: 


G.  SHERMAN, 

Vice-President. 


B.  G.  MITCHELL, 

Assistant  Secretary, 


44 


STATE  OF  NEW  YORK, 


City  and  County  of  New  York.  ) 

On  this  (>th  day  of  March,  1893,  before  me,  Henry  H.  Whit¬ 
man,  a  Notary  Public  within  and  for  said  County  and  State,  per¬ 
sonally  appeared  J.  C.  Osgood  and  C.  H.  Parmelee,  each  to  me 
personally  known  and  known  to  me,  respectively,  as  the  Presi¬ 
dent  and  Assistant  Secretary  of  the  said  The  Colorado  Fuel  and 
Iron  Company,  and  each  acknowledged  that  he  executed  the  fore 
going  instrument  in  his  respective  capacity  of  President  or  As¬ 
sistant  Secretary  of  the  said  The  Colorado  Fuel  and  Iron  Com¬ 
pany  as  the  free  and  voluntary  act  of  the  said  Company,  and  as 
his  own  free  and  voluntary  act  for  the  uses  and  purposes  therein 
set  forth. 

And  the  said  J.  C.  Osgood  and  C.  H.  Parmelee,  being  each 
by  me  duly  sworn,  did  depose  and  say,  each  for  himself,  that  the 
seal  affixed  to  the  foregoing  instrument  is  the  corporate  seal  of  the 
said  The  Colorado  Fuel  and  Iron  Company,  and  that  said  seal 
was  affixed  thereto,  and  the  said  instrument  signed  by  them, 
respectively,  as  President  and  Assistant  Secretary  of  the  said 
Company,  by  order  of  the  Hoard  of  Directors  of  said  Company. 

In  Witness  Whereof,  I  have  hereunto  set  my  hand  and 
affixed  my  notarial  seal,  the  day  and  year  above  mentioned. 

My  commission  expires  the  1st  day  of  April,  1894. 


[Seal] 


H’Y  H.  WHITMAN, 

Notary  Public. 


45 


City  and  County  of  New  York. 


STATE  OF  NEW  YORK, 


On  this  6th  day  of  March,  1893,  before  me,  Henry  H.  Whit¬ 
man,  a  Notary  Public  within  and  for  said  County  and  State,  per¬ 
sonally  appeared  George  Sherman  and  Benjamin  G.  Mitchell, 
each  to  me  personally  known  and  known  to  me,  respectively,  as 
the  Vice-President  and  Assistant  Secretary  of  said  Central  Trust 
Company  of  New  York,  and  each  acknowledged  that  he  executed 
the  foregoing  instrument,  in  his  respective  capacity  of  Vice-Presi¬ 
dent  or  Assistant  Secretary  of  said  Central  Trust  Company  of 
New  York,  as  the  free  and  voluntary  act  of  the  said  Company,  and 
as  his  own  free  and  voluntary  act,  for  the  uses  and  purposes 
therein  set  forth.  And  the  said  George  Sherman  and  Benjamin 
G.  Mitchell  being  each  by  me  duly  sworn,  did  depose  and  say,  each 
for  himself,  that  the  seal  affixed  to  the  foregoing  instrument  is 
the  corporate  seal  of  the  said  Central  Trust  Company  of  New 
York,  and  that  said  seal  was  affixed  thereto,  and  said  instrument 
signed  by  them  respectively  as  Vice-President  and  Assistant 
Secretary  of  said  Company,  by  order  of  the  Board  of  Trustees  of 
said  Company. 

In  Witness  Whereof,  I  have  hereunto  set  my  hand  and 
affixed  my  notarial  seal  the  day  and  year  above  mentioned. 

My  commission  expires  the  1st  day  of  April,  1894. 


[Seal] 


H’Y  H.  WHITMAN, 

Notary  Public. 


46 


SUPPLEMENTAL  MORTGAGES. 

In  pursuance  of  Article  Eighth,  providing  against  deprecia¬ 
tion  of  the  security  by  reason  of  mining  out  coal  and  iron,  the 
Company  has  purchased  from  year  to  year  additional  coal  and 
iron  lands  and  by  supplemental  mortgages  placed  the  same  under 
the  lien  of  the  original  mortgage,  as  follows: 


mentai?P&  FIRST  SUPPLEMENTAL  MORTGAGE,  1893. 

This  mortgage  was  to  correct  some  errors  and  omissions  in 
original.  These  corrections  have  been  inserted  in  their  proper 
places  in  the  original. 


Second  sup¬ 
plemental, 
1894. 


SECOND  SUPPLEMENTAL  MORTGAGE,  1894, 


Covers : 


In  Huerfano  County. 


In  Township  29,  Range  66: 

S.W.  i  N.E.  i . Section  12. 

In  Township  27,  Range  67 : 

W.  i  S.W.  1,  N.E.  i  S.W.  i,  S.E.  i  N.W.  J,  S.  i 

N.E.  J  and  E.  -J  S.E.  i . Section  19. 

W.  i  S.W.  i . Section  20. 


In  Township  27,  Range  68: 

S.E.  J  S.E  \ . Section  24. 

Containing  478.26  acres.  Purchase  price,  $25,880.00. 


Third  supple¬ 
mental,  1895. 


THIRD  SUPPLEMENTAL  MORTGAGE,  1895. 


Covers : 


In  Huerfano  County. 


In  Township  27,  Range  67: 

S.W.  1,  and  S.W.  \  of  N.E.  ]  and  E.  \  of  N.E.  4. .  .Section  17. 


S.E.  i  S.E.  i . Section  18. 

N.  4  N.E.  4 . . Section  19. 

N.E.  4  S.W.  4  and  N.W.  J . Section  20. 


Containing  600  acres.  Purchase  price,  $34,320.00. 


47 


FOURTH  SUPPLEMENTAL  MORTGAGE,  1896.  gw"' 

1896. 

Covers: 

In  Huerfano  County. 

In  Township  29,  Range  66: 

S.W.  i  S.E.  J,  S.W.  i  and  E.  J  N.W.  J  and  S.W.  £ 

N.W.  i . Section  21. 

In  Township  27,  Range  67 : 

N.W.  i  N.E.  £,  and  S.E.  i  N.W. \ . Section  17. 

In  Garfield  County. 

In  Township  5,  Range  91: 

S.  £  S.E.  i . Section  19. 

N.W.  i  N.W.  i . Section  29. 

N.E.  i  N.E.  J. . Section  30, 

In  Township  6,  Range  91: 

Lot  4,  S.W.  i  N.W.  i,  and  W.  £  S.W.  i . Section  2. 

Containing  719.22  acres.  Purchase  price,  $37,541.50. 


FIFTH  SUPPLEMENTAL  MORTGAGE,  1897.  FUth^suppie- 

Covers : 

In  Huerfano  County. 


In  Township  29,  Range  66: 

S.E.  £ . Section  14. 

E.  \  N.E.  J.  . Section  22. 

N.W.  i  of  S.W.  i,  E.  \  S.W.  £  and  E.  \ . Section  23. 


Containing  680  acres.  Purchase  price,  $28,900.00. 


SIXTH  SUPPLEMENTAL  MORTGAGE,  1898.  sixth  supple: 

’  mental,  1898. 

Covers : 

In  Routt  County. 

In  Township  12,  Range  89: 

S.W.  i  S.E.  i  and  S.E.  £  S.W.  £ . 

N.W.  £  N.E.  £  and  N.E.  £  N.W  £ . 


.  . .  .  Section  13. 
.  . .  .  Section  24. 


48 


In  Gunnison  County. 

In  Township  13,  Range  86: 

N.W.  i  N.E.  i . Section  17. 

N.E.  4  N.E.  4 . Section  20. 

in  Township  14,  Range  86: 

Lots  4  and  5,  S.W.  4  N.W.  4  and  N.W.  4  S.W.  4.  .  .Section  4. 


In  Huerfano  County. 


Section  23. 
Section  25. 


In  Township  29,  Range  66: 

s.w.  4  n.w.  4 . 

N.  i  N.W.  4 . 


In  Saguache  County. 


The  following  described  Mi 
District,  State  of  Colorado: 
Nero  Lode; 

Caesar  Lode; 
Cleopatra  Lode; 

Othello  Lode; 

Rooth  Lode; 

Macbeth  Lode; 

And  I 

Containing  634.09  acres. 


L*al  Properties  in  Blake  Mining 

Hamlet  Lode; 

Top  Gallant  Lode; 

Portia  Lode; 

Trilby  Lode; 

Mercutio  Lode; 
Ephemeris  Lode; 
rutus  Lode. 

Purchase  price,  $34,884.00. 


49 


SEVENTH  SUPPLEMENTAL  MORTGAGE,  1899. 
Covers  : 

In  Las  Animas  County. 


In  Township  83,  Range  66  : 

S.E.  \  S.E.  \ . Section 

S.E.  4 . Section 

E.  \  S.W.  i  and  S.W.  J  S.E.  J . Section 

N.W.  \  N.E.  i  and  N.W.  J  . . Section 

S.W.  4  N.W.  J  and  S.W.  4  [less  6.97  acres] . Section 

E.  4  N.E.  \ . Section 

N.  \  S.W.  \  and  N.W.  \  S.E.  J . Section 


Containing  913.03  acres.  Purchase  price,  $45,651.00. 

EIGHT  SUPPLEMENTAL  MORTGAGE,  1900. 
Covers : 

In  Las  Animas  County. 

In  Township  33,  Range  66: 

S.E.  \  and  S.W.  i  and  N.  W.  J . Section 

N.E.  i  and  N.W.  J  and  N.E.  \  S.E.  J  . Section 

Containing  840  acres.  Purchase  price,  $42,000.00. 

NINTH  SUPPLEMENTAL  MORTGAGE,  1901. 
Covers : 

In  Las  Animas  County. 

In  Township  33,  Range  66: 

E.  \  S.E.  J  and  N.W.  \  S.E.  \  and  W.  \  S.W.  J. . .  Section 


S.  4  S.W.  4  •  •  . . Section 

N.E.  4  N.E.  4  and  S.  4  N.E.  \  and  E.  \  S.W.  4 

and  S.E.  4 . . . Section 


Containing  640  acres.  Purchase  price,  $38,400.00. 

•  TENTH  SUPPLEMENTAL  MORTGAGE,  1902. 
Covers : 

In  Las  Animas  County. 

In  Township  33,  Range  66: 

N.  4  S.W.  4,  S.E.  4  S.W.  4  and  W.  \  S.E.  4 . Section 

W.  4  N.E.  4,  E.  4  S.E.  4,  S.W.  4  S.E.  4  and 
S.E.  4  S.W.  4 


Seventh  sup¬ 
plemental, 
1899. 


21 

22 

23 

26 

27 

28 
25 


Eight  supple¬ 
mental,  1900. 


24. 

25. 


Ninth  supple¬ 
mental,  1901.x 


23. 

25. 

26. 


Tenth  supple¬ 
mental,  1902. 


21. 


Section  28. 


50 


In  Township  33,  Range  67 : 

N.E.  J,  E.  £  N.W.  i,  S.W.  \  N.W.  \  and 

N.W.  i  S.W.  i . Section  23. 

S.E.  \  N.E.  i  and  N.  i  S.  E.  i . Section  22. 

Containing  880  acres.  Purchase  price,  $52,800.00. 


51 


ELEVENTH  SUPPLEMENTAL  MORTGAGE,  1903. 
Covers : 

In  Las  Animas  County. 

In  Township  33  S.,  Range  67  W. : 

S.  y2  of  S.  y2 . . Section  17. 

N.  i/2,  and  E.  %  of  S.E.  % . Section  20. 

N.W.  1/4  of  N.E.  1/4,  S.  1/2  of  N.E.  %,  N.E.  14  of 

N.W.  S.E.  14,  and  W.  i/2  of  W.  y2 . Section  21. 

S.W.  1/4  of  N.W.  1/4,  and  W.  y2  of  S.W.  % . Section  22. 

N.W.  %  of  N.W.  % . Section  27. 

N.  1/2  of  N.E.  14 . Section  28. 

Containing  1,280  acres.  Purchase  price,  $67,840.00. 


TWELFTH  SUPPLEMENTAL  MORTGAGE,  1905. 
Covers : 

In  Iron  County,  Utah. 

The  following  described  Mineral  Properties,  in  Pinto  Iron  Mining 
District : 

Buckeye  Lode ; 

Boston  Lode ; 

Emma,  Comstock  and  Sunbeam  Lodes. 

Purchase  price,  $20,000.00. 


THIRTEENTH  SUPPLEMENTAL  MORTGAGE,  1906. 
Covers : 

In  Iron  County,  Utah. 

The  following  described  Mineral  Property  in  Pinto  Iron  Mining 
District : 

Duncan  No.  1  Lode. 

Purchase  price,  $30,000.00. 


U,  OF  ILL  US. 


52 


FOURTEENTH  SUPPLEMENTAL  MORTGAGE,  1907. 
Covers : 

In  Iron  County,  Utah. 

The  following  described  Mineral  Properties  in  Pinto  Iron  Mining 
District : 

Blowout  Lode; 

Excelsior  Lode ; 

Chesapeake  Lode. 

Purchase  price,  $57,500.00. 


FIFTEENTH  SUPPLEMENTAL  MORTGAGE,  1908. 
Covers : 

In  Iron  County,  Utah. 

The  following  described  Mineral  Properties  in  Pinto  Iron  Mining 
District : 

Pot  Metal  Lode ; 

Black  Magnetic  Lode. 

Purchase  price,  $56,000.00. 


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